Patna High CourtCR. MISC./47009/2021dismissed

Mukesh Chaudhary @ Mukesh Kumar Chaudhary v. The State Of Bihar

2022-02-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47009 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Mukesh Chaudhary @ Mukesh Kumar Chaudhary S/O Premchandra Chaudhary R/O Village-Jandaha, Ward No.8, P.S-Jandaha, District-Vaishali. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Sinha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner seeks bail in N.D.P.S. Case No. 16 of 2020 arising out of Jandaha P.S. Case No. 19 of 2020 registered under Section 20/22 of the N.D.P.S. Act.

Earlier prayer for bail of the petitioner was rejected taking into account that 34.520 kgs. of Ganja was recovered from the

Patna High Court CR. MISC. No.47009 of 2021(4) dt.02-02-2022 2/2 bedroom attached to the clothes shop of the petitioner and under the provision of Section-37 of N.D.P.S. Act, the petitioner was not entitled for grant of bail.

A report was called for from the trial court. It has been reported that out of 6 prosecution witnesses, three prosecution witnesses have already been examined and the trial is likely to be concluded within a period of six months. Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected. Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of six months from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T