Patna High CourtCR. MISC./48222/2021bail rejected

Saryu Bhokta @ Saraju Singh v. The State Of Bihar

2021-12-08Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48222 of 2021 Arising Out of PS. Case No.-153 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Saryu Bhokta @ Saraju Singh Son of Kailu Singh R/o Village- Piprahi, Gulay Tar, P.S.- Barachatti and District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar-II, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-12-2021 Heard Mr. Manish Kumar-II, learned Advocate for the petitioner and Mr. Md. Fahimuddin, learned Advocate for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 35 of 2019 arising out of Barachatti P.S. Case No. 153 of 2019 dated 31.03.2019 instituted for the offences under Sections 18, 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act. The prayer for bail of the petitioner was earlier rejected vide order dated 01.09.2020 passed in Cr. Misc. No. 16622 of 2020.

11.500 gms. opium liquor is said to have been recovered from the house of the petitioner.

This court had called for a report from the court below about the stage of the case. The report indicates

Patna High Court CR. MISC. No.48222 of 2021(3) dt.08-12-2021 2/2 that not a single witness has been examined at the trial so far even though the petitioner is in custody since 01.04.2019.

However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to the petitioner.

The prayer for bail is rejected.

But looking at the period of custody of the petitioner, this Court directs that if there is no substantial progress in this case within next six months, the petitioner would be at liberty to approach the trial court for grant of bail and in that event, the court below shall be under an obligation to indicate the reasons for the tardy progress of the trial.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) mdrashid/- U T