Gopesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57447 of 2021 Arising Out of PS. Case No.-125 Year-2018 Thana- MARANCHI District- Patna ====================================================== GOPESH KUMAR S/O MUNESHWAR SINGH R/o village and P.O.- Dariyapur, P.S.- Barahiya, District- Lakhisarai ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. S.B.K. Mangalam, Advocate Mr. Awnish Kumar, Advocate For the Opposite Party :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Special Case No. 136 of 2018 arising out of Marachi (Panch Mohalla O.P.) P.S. Case No. 125 of 2018, registered for the offence punishable under Sections 8/20(b)(i)(c)/25/29 of the N.D.P.S. Act.

The petitioner is in custody since 30.11.2018. Considering the embargo under Section 37(2) of the N.D.P.S. Act, his prayer for bail was earlier rejected by an order dated 14.10.2020 passed in Cr. Misc. No. 25204 of 2020. The petitioner has filed this application renewing his prayer for bail mainly on the ground that the trial has not progressed before the Court below.

By an order dated 24.11.2021, a report was called for

Patna High Court CR. MISC. No.57447 of 2021(3) dt.22-12-2021 2/3 from the Court below as regards present stage of the trial. A report has accordingly been received from learned Additional District and Sessions Judge-XXV, Patna, from which it appears that summonses against the witnesses as well as bailable warrants of arrest have been issued, but the prosecution has not adduced any evidence till date and accordingly the case record is fixed for evidence.

Considering the embargo under Section 37(2) of the Act, I am of the view that this second application for grant of regular bail cannot be entertained there being no change in circumstance except the petitioner's further incarceration after his application was earlier rejected by this Court. This application is accordingly dismissed.

It is, however, observed that let the trial Court take all possible steps to ensure expeditious conclusion of the trial of Special Case No. 136 of 2018 arising out of Marachi (Panch Mohalla O.P.) P.S. Case No. 125 of 2018.

The Senior Superintendent of Police, Patna, is also directed to ensure all cooperation in production of the witnesses before the Court below and expeditious conclusion of the trial considering the fact that the petitioner has remained in custody for more than three years without trial.

Patna High Court CR. MISC. No.57447 of 2021(3) dt.22-12-2021 3/3 Let a copy of this order be communicated to the Senior Superintendent of Police, Patna, forthwith. (Chakradhari Sharan Singh, J) Pawan/- U T