Ravi Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57018 of 2024 Arising Out of PS. Case No.-39 Year-2022 Thana- BEGUSARAI RAIL P.S. DistrictBegusarai ====================================================== Ravi Kumar Singh S/o Shreeganesh Singh Resident of village Masar, P.SGajrajganj (Udwant Nagar), District-Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N A Shamsi, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-09-2024 Heard the parties.
2. Petitioner seeks regular bail in connection with Begusarai Rail P.S. Case No. 39/ 2022 (NDPS case No. 27/ 2022) dated 12.07.2022 registered for the offence(s) punishable under Section(s) 8, 20(b)(ii)(C) of the N.D.P.S. Act.
3. Mr. N.A. Shamsi, learned counsel for the petitioner submits that this is the second attempt of the petitioner to get the relief of regular bail and his first prayer was rejected by this court vide order dated 28.02.2023 passed in Cr. Misc. No. 55748 of 2022 thereafter, the petitioner went to Hon'ble Apex Court by way of SLP (Crl.) No. 6567/ 2023 in which the Hon'ble Apex Court gave liberty to the petitioner to re-apply for bail after six months if the progress in the trial remains tardy
Patna High Court CR. MISC. No.57018 of 2024(5) dt.27-09-2024 2/3 and in the light of the said observation the petitioner has renewed his prayer first before the trial court and thereafter before this court after rejection of his prayer by the trial court.
4. Learned counsel further submits that the petitioner has been languishing in jail since 13.07.2022 and charges were framed upon him on 04.10.2023 and thereafter not a single witness has been examined out of four charge-sheet witnesses which shows that the petitioner's trial is not going to be concluded in near future.
5. Mr. Rajiv Nayan, learned APP appearing for the State opposes the bail prayer.
6. Considering the above submissions and mainly the petitioner's custody period and also no progress in his trial, as per status report sent by the trial court, which shows that despite the charges having been framed upon the petitioner on 04.10.2023 only one prosecution witness has turned up till the date of sending the report, which shows the lingering attitude of the prosecution before the trial court, in my opinion, in the said circumstances now the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail in connection with Begusarai Rail P.S. Case No. 39/ 2022 (NDPS case No. 27/ 2022) on furnishing bail bond of
Patna High Court CR. MISC. No.57018 of 2024(5) dt.27-09-2024 3/3 Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T