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Patna High Court/36616/2020dismissed

Ashok Yadav v. The State Of Bihar

2021-01-30Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36616 of 2020 Arising Out of PS. Case No.-13 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== ASHOK YADAV S/o Suresh Yadav R/o Village- Ajamtulla, P.S.- Rajaun, District- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Narcotic Control Bureau Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kritu Verma, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Sri Ashok Kumar.

The present petition is by way of third attempt at the behest of the petitioner herein for grant of bail in connection with F.No.

NCB/PZU/Cr.No. 13/17 dated 17.06.2017, bearing Special Case No. 87/17 under Sections 8 and 20(b) (ii)(c) of the Narcotic Drugs and Psychotropic Substance Act, inasmuch as the earlier petitions filed by the petitioner for grant of bail were rejected by coordinate Benches of this Court vide

Patna High Court CR. MISC. No.36616 of 2020(2) dt.30-01-2021 2/3 order dated 21.09.2017 passed in Criminal Miscellaneous No. 46834 of 2017 and order dated 14.08.2019 passed in Criminal Miscellaneous No. 37166 of 2019.

The allegation is regarding the petitioner along with two other persons having been apprehended by the Narcotics Control Bureau from a truck carrying 633.100 kg. of ganja.

The learned counsel for the petitioner has submitted that though a coordinate Bench of this Court vide earlier order dated 14.08.2019 had directed the trial court to make efforts to conclude the trial within a period of nine months from the date of receipt of copy of the said order, however, till date, the trial has not been concluded and the petitioner is languishing in custody since 19.06.2017.

Having regard to the facts and circumstances of the case, considering the submission made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the stringent provisions of Section

Patna High Court CR. MISC. No.36616 of 2020(2) dt.30-01-2021 3/3 37 of the NDPS Act, 1985, I do not find any reason to reconsider the prayer of the petitioner for grant of bail.

Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T