Patna High CourtCR. MISC./34530/2020disposed

Ajay Kumar v. The State Of Bihar

2021-03-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34530 of 2020 Arising Out of PS. Case No.-91 Year-2020 Thana- LODIPUR District- Bhagalpur ====================================================== AJAY KUMAR Son of Late Fuso Mandal Resident of Village - Bishanpur, Jicchho, P.S. - Lodipur, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2021 Heard Mr. Deepak Kumar Sinha, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Lodipur P.S. Case No. 91 of 2020 arising out of NDPS Case No. 16/2020 dated 15.05.2020 instituted for the offence under Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act.

This Court had called for the case diary on 21.12.2020 and had also asked for a report about the stage of the case on 27.01.2021, with an observation that it is expected that by the time the report is sent, the trial would have stood concluded.

The report which has been sent on 01.02.2021 indicates that all the witnesses except the I.O. have

Patna High Court CR. MISC. No.34530 of 2020(4) dt.10-03-2021 2/2 been examined and the case is pending only for his evidence.

Considering this stage of the case, I am not inclined to grant bail to the petitioner for the present. The prayer for bail is rejected.

However, the trial court is directed to positively conclude the trial within a period of three months, failing which the court below shall, on an application filed by the petitioner, consider the feasibility of releasing the petitioner on bail with such conditions that he does not run away from the trial.

The petition stands disposed of with the aforesaid observations.

(Ashutosh Kumar, J) krishna/- U T