Patna High CourtCR. MISC./34727/2022bail rejected

Vinay Singh v. The State Of Bihar

2022-08-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34727 of 2022 Arising Out of PS. Case No.-366 Year-2021 Thana- BIHTA District- Patna ====================================================== VINAY SINGH S/o Late Arjun Singh Resident of Village- Shekhpura, Dirga Ashram Gali, P.S.- Shastri Nagar, Distt- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-08-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 8, 17(a) and 21 of the NDPS Act. As per the prosecution case, 178 grams of smack wrapped in 322 puriyas was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 10.2.2022 (Annexure-1) passed in Cr. Misc. no. 39855 of 2021. Inspite of the petitioner being in custody since 3.6.2021 and charge having been framed on 24.11.2021, no witness has been examined on behalf of the prosecution and bailable warrants have been issued against the witnesses on 25.7.2022.

Patna High Court CR. MISC. No.34727 of 2022(3) dt.10-08-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation being recovery of 178 grams of smack wrapped in 322 puriyas, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. However taking into consideration the report of the learned trial Court according to which although charge was framed on 24.11.2021 but no witnesses have been examined on behalf of the prosecution and in fact bailable warrants have been issued against them on 25.7.2022 liberty is granted to the petitioner to renew his prayer for bail after six months in case there is no substantial progress in the trial in the learned trial Court.

(Partha Sarthy, J) Bibhash/- U