Patna High CourtCR. MISC./41840/2023dismissed

Subhash Rai @ Subhash Ray v. The State Of Bihar

2023-09-08Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41840 of 2023 Arising Out of PS. Case No.-27 Year-2021 Thana- EAST CHAMPARAN GRP CASE District- East Champaran ====================================================== Subhash Rai @ Subhash Ray Son of Late Lalbabu Rai @ Lalbabu Ray Resident of Village - Siswa, Ward No. 2, P.S. - Raxual, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Adya Singh For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 08-09-2023 Heard Ld. counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with C.I.S. No. 112/ 2021 arising out of Raxaul P.S. Case No. 27 of 2021, registered for the offences punishable under Sections 8, 20(b)(ii) (c) and Section 22 of the N.D.P.S. Act.

3. The prosecution case as emerging from the FIR is that three packets of Charas weighing 1045 grams and one mobile phone has been recovered from the possession of the Petitioner.

4. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 44990 of 2022 and considering the quantity of contraband recovered, the said application was rejected at that stage.

Patna High Court CR. MISC. No.41840 of 2023(4) dt.08-09-2023 2/2

5. Vide order dated 05.07.2023, a report regarding Stage of trial was called for. From perusal of the report, it appears that charge has already been framed and trial is expected to be concluded within six months.

6. Hence, this Court is not persuaded to enlarge the petitioner on bail.

7. However, if the trial is not concluded within nine months, the petitioner will be at liberty to renew his prayer for bail.

8. Ld. Counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) chandan/- U T