Patna High CourtCR. MISC./36617/2022disposed

Gyan Kumar @ Gyan Sah v. The State Of Bihar

2023-03-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36617 of 2022 Arising Out of PS. Case No.-511 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== GYAN KUMAR @ GYAN SAH Son of Ambika Sah @ America Sah @ Ambika Prasad Resident of Village - Purani Gudri, Turha Tola, Police StationKalibag O.P, (Bettiah Town), District - Bettiah. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-03-2023 Heard the learned counsel for the petitioner as well as the learned Addl.P.P. for the State.

The petitioner, who is in custody since 09.08.2017 seeks bail in connection with Bettiah (T) P.S. Case No. 511 of 2017, registered for the offence punishable under Sections 20, 22, 23, 24, 25, 29 of the NDPS Act.

Earlier the regular bail petition of the petitioner was rejected vide order dated 24.03.2021, in Cr. Misc No. 19150 of 2020.

The present stage of trial was called for from the learned court below which has been received. The learned court below has reported that the Trial No. 21 of 2018, is pending at

Patna High Court CR. MISC. No.36617 of 2022(6) dt.13-03-2023 2/2 the stage of appearance, as co-accused Rajesh Ram @ Chhotu Ram is absconding and non-bailable warrant of arrest is issued against him. It appears that due to absconding of co-accused Rajesh Ram @ Chhotu Ram, the trial is pending. The learned counsel for the petitioner has submitted that the petitioner is under custody for a period of more than five and a half years.

The learned court below is directed to split-up the case of the present petitioner from that of the co-accused Rajesh Ram @ Chhotu Ram and conclude the same expeditiously. The learned court below shall take all endeavor to dispose it of within a period of six months, and if the learned court below fails to conclude the trial within one year, the petitioner, if so advised, may renew his prayer for bail after six months. With these observations, the regular bail petition is disposed of.

(Nawneet Kumar Pandey, J) SONALI/- U T