Gopesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48122 of 2022 Arising Out of PS. Case No.-125 Year-2018 Thana- MARANCHI District- Patna ====================================================== GOPESH KUMAR Son of Muneshwar Singh Resident of Village - and P.O.- Dariyapur, P.s.- Barahiya, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail in connection with Special Case No. 136 of 2018 arising out of Marachi (Panch Mahla) P.S. Case No. 125 of 2018, disclosing the offence punishable under Sections 8/20(b)(i)(c), 25, 29 of the N.D.P.S. Act.

Taking into account the embargo under Section 37(2) of the NDPS Act, the petitioner's prayer for grant of regular bail was twice rejected earlier; firstly, by an order dated 14.10.2020, passed in Cr. Misc. No. 25204 of 2020 and secondly, by an order dated 22.12.2021, passed in Cr. Misc. No. 57447 of 2021. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.48122 of 2022(3) dt.09-11-2022 2/2 the petitioner has remained in custody for nearly four years and there is no substantial progress at the trial. Be that as it may, considering the embargo under Section 37(2) of the NDPS Act, I am no inclined to reconsider the petitioner's prayer for his release on bail. This application is accordingly rejected. The petitioner shall, however, be at liberty to take all steps to ensure early conclusion of the trial.

(Chakradhari Sharan Singh, J) Rajesh/- U T