Vikram Kumar v. The Union Of India Through Directorate Of Revenue Intelligence (Dri), Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48558 of 2024 Arising Out of PS. Case No.-15 Year-2022 Thana- D.R.I District- Patna ====================================================== Vikram Kumar S/o- Sri Ram Babu Ray R/v- Daudnagar, P.S.-Daudnagar, Chakgarho Ps- Bidupur Dist- Vaishali ... ... Petitioner/s

Versus

The Union Of India Through Directorate Of Revenue Intelligence (DRI), Patna Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 47207 of 2024 Arising Out of PS. Case No.-15 Year-2022 Thana- D.R.I District- Patna ====================================================== Ram Babu Ray S/O Late Gopi Ray R/V-Daudnagar, P.O.- Daudnagar,Chakgarho,P.S.-Bidupur, Distt-Vaishali ... ... Petitioner/s

Versus

The Union Of India Through Directorate Of Revenue Intelligence (DRI), Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 48558 of 2024) For the Petitioner/s :

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

Mr. Anshuman Singh, Sr. SC (DRI) :

Mr. Ranjay Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 47207 of 2024) For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Dr. Krishna Nandan Singh, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioners and learned counsel for the Union of India.

2. Earlier, vide order dated 06.12.2023 passed in Cr. Misc. No. 32183 of 2023 and Cr. Misc. No. 32234 of 2023 respectively, the prayer of the petitioners for grant of bail was

Patna High Court CR. MISC. No.48558 of 2024(4) dt.10-12-2024 2/3 rejected. The present applications are the second attempt of the petitioners for grant of bail.

3. The petitioners seek bail in connection with Special Case No. 3 of 2023, arising out of F.No.

DRI/LZU/PRU/718(11)/ENQ-15/2022 instituted for the offences under Sections 8(c), 20(b), 25, 29 of the NDPS Act.

4. Prosecution case relates to the recovery of 317.145 kg of ganja like narcotics substance from a truck bearing Reg. No. BR31-G-7435. These petitioners were apprehended on the spot with the said vehicle by the police.

5. Learned counsel for the petitioners mainly submits that petitioners are in custody since 04.07.2022 and there is no likelyhood of trial conclusion in the near future and, therefore, learned counsel prays that the prayer for grant of the bail to the petitioners may be reconsidered.

6. From perusal of the stage report dated 23.07.2024 sent by the learned Trial Court, it appears that the trial is pending at the stage of prosecution evidence and out of the seven witnesses, one witness has been examined and the crossexamination of the said witness is still going on. It is further reported by the learned court below that trial is likely to be concluded within next six months.

Patna High Court CR. MISC. No.48558 of 2024(4) dt.10-12-2024 3/3

7. Considering the submissions made by learned counsel for the petitioners, this Court does not find any fresh ground to reconsider the matter which has already been decided on merit by the co-ordinate Bench of this Court and the since the trial has already begun as also taking into consideration the likelihood of conclusion of trial within next six months, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for grant of bail to the petitioners is rejected.

8. Learned Trial Court is directed to conclude the trial in expeditious manner without any undue delay and unnecessary adjournment.

9. The District Magistrate, Patna and the Superintendent of Police, Patna are also directed to ensure presence of the charge-sheet witnesses as and when required by the learned court concerned.

10. Let a copy of this order be communicated to the District Magistrate, Patna and Superintendent of Police, Patna. (Rudra Prakash Mishra, J) Alok Verma/- U T