Birbahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50485 of 2022 Arising Out of PS. Case No.-31 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== Birbahadur Rai (Male), aged about 50 years, Son of Late Badlu Rai, Resident of Village - Didarganj Ward No.- 72, P.S.- Didarganj, Patnacity, District - Patna.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Union of India through N.C.B. Patna, Bihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mrs. Soni Kumari, Advocate For the State : Mr. Bhanu Pratap Singh, A.P.P. For the U.O.I.(NCB) : Mrs. Renuka Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-04-2023 A counter affidavit has been filed by Mrs. Renuka Sharma, learned counsel appearing for the Union of India (NCB). Let it be kept on the record.

Heard learned counsel for the petitioner, learned counsel for the Union of India (NCB) and learned A.P.P. for the State.

Earlier bail applications of the petitioner were rejected vide Cr. Misc. No. 7109 of 2019 under order dated 15.04.2019, Cr. Misc. No. 26470 of 2020 under order dated 28.01.2021 and Cr. Misc. No. 65220 of 2021 under order dated 09.02.2022, annexed as Annexures-1, 1A and 1/B to the present application taking into consideration that 226 kgs. Ganja is said to have

Patna High Court CR. MISC. No.50485 of 2022(7) dt.05-04-2023 2/2 been recovered from the car. The petitioner was alleged to be the driver of the car in question.

This is fourth attempt on behalf of the petitioner for grant of bail.

Mrs. Renuka Sharma, learned counsel appearing on behalf of the Union of India (NCB) submits that all prosecution witnesses have been examined.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in N.C.B. P.S. Case No. 31/2018, N.D.P.S. Case No. 15/2018, pending in the court of learned A.D.J.-XIth, Bhagalpur.

Learned court below is directed to take all necessary steps to dispose of the present case within a period of three months from the date of receipt/production of a copy of this order taking into account that all the prosecution witnesses have already been examined in the present case.

(Sudhir Singh, J) U.K./- U T