Patna High CourtCR. MISC./26955/2018dismissed

Rajiv Kumar Thakur v. The State Of Bihar

2018-06-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26955 of 2018 Arising Out of PS.Case No. -180 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Rajiv Kumar Thakur S/o Ram Nandan Thakur R/v - Daudnagar, P.S. - Bidupur, Distt. - Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 180 of 2016 instituted for the offence under Sections 8/20(b)(ii)(B) of the NDPS Act. The regular bail of the petitioner was earlier rejected by this Court vide order dated 19.05.2017 passed in Criminal Miscellaneous No. 19903 of 2017 with a liberty to renew his prayer for bail in the court below itself after nine months, if the trial is not concluded within the aforesaid period Court below has mentioned in the report that out of eight charge-sheeted witnesses, three witnesses have been examined including the I.O. The case is likely to be concluded within three months.

Patna High Court Cr.Misc. No.26955 of 2018 (3) dt.20-06-2018 2/2 In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage.

However, petitioner is granted liberty to renew his prayer for bail in the court below itself after six months, if the trial is not concluded within the aforesaid period in accordance with law.

The court below is directed to expedite the trial and conclude the same within six months in accordance with law from the date of receipt of this order by giving short adjournment in the case, and if possible, fix the case on day to day basis. In the event the trial is not concluded within the aforesaid period, the petitioner is given liberty to renew the prayer for bail in the court below itself .The trial court will give reason in the bail order for not concluding the trial within six months. .

(Sanjay Priya, J) sushma/- U T