Kunal Rai v. The Union Of India Throught He Director

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1384 of 2021 Arising Out of PS. Case No.-44 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Kunal Rai, aged about 30 years, Gender-Male, Son of Brijnandan Rai @ Brijnandan Ray, Resident of Village-Rampur Shyam Chand, P.S.-Raghopur, District-Vaishali.

... ... Petitioner/s

Versus

The Union of India through the Director, Narcotics Control Bureau, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the UOI :

Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-02-2021 The matter has been heard via video conferencing.

2. Heard Mr. Jay Ram Prasad, learned counsel for the petitioner and Mr. Manoj Kumar Singh, learned counsel for the Union of India.

3. This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 18.12.2019 passed in Cr. Misc. No. 46583 of 2019.

4. The petitioner is in custody in connection with Special Case No. 118 of 2018 arising out of NCB/PZU/V Case No. 44 of 2018 dated 13.10.2018, instituted under Sections 8, 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

5. The allegation against the petitioner and two others is

Patna High Court CR. MISC. No.1384 of 2021 dt.03-02-2021 2/2 of transporting ganja and they were caught on the truck with 732 Kgs. of ganja.

6. Learned counsel for the petitioner submitted that he would not be adverting to the merits which has been discussed in the earlier order. However, he submitted that the trial is not proceeding and the Court may direct for expediting the same.

7. Learned counsel for the Union of India submitted that every effort shall be made to conclude the trial within six months subject to cooperation by the petitioner.

8. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to grant bail to the petitioner.

9. Accordingly, the application stands dismissed.

10. However, let the Court below expedite the trial and conclude it at the earliest keeping in mind the assurance given by learned counsel for the Union of India that they shall cooperate for getting the trial concluded within six months. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T