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Patna High CourtCR. MISC./48897/2023bail rejected

Pankaj Kumar @ Pankaj Mandal v. The State Of Bihar

2023-08-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48897 of 2023 Arising Out of PS. Case No.-58 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== PANKAJ KUMAR @ PANKAJ MANDAL S/O LAKSHMAN MANDAL R/O VILLAGE- NAWABGANJ BASA TOLA, PS. KURSELA, DIST.KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pandey For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2023 Heard Mr. Rajesh Kumar Pandey, learned counsel for the petitioner and Mr. Umanath Mishra, learned Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with NDPS Case No. 19/2020 arising out of Industrial PS Case No. 58/2020 dated 27.06.2020 registered for the offence punishable under Sections 20/22 of NDPS Act.

3. This is the third attempt on behalf of the petitioner for grant of bail inasmuch as earlier on two occasions prayer for bail of the petitioner was rejected by this Court on 25.03.2021 in Cr. Misc. No. 4819/2021 and thereafter on 22.12.2021 vide Cr. Misc. No. 70730/2021.

4. This Court vide order dated 26.07.2023 called for

Patna High Court CR. MISC. No.48897 of 2023(3) dt.25-08-2023 2/2 a report from the learned 12th Additional Sessions Judge, Bhagalpur, pursuant thereof, a report vide letter no. 119/ dated 04.08.2023 has been received wherein the learned Additional Sessions Judge has stated that the case is on the stage of evidence, charge has been framed, out of nine charge-sheet witnesses, six witnesses have been examined. It is further stated that only three witnesses are to be examined including IO and approximately, six months time is likely to be consumed for completion of the trial.

5. Regards being had to the submissions made by the parties, taking into consideration the report of the learned Additional Sessions Judge, I am not inclined to grant regular bail to the petitioner at this stage. The same is, hereby, dismissed.

6. However, the petitioner will be at liberty to renew his prayer for bail after six months.

(Anil Kumar Sinha, J) perwez U T