Patna High CourtCR. MISC./55542/2023dismissed

Mukesh Kumar v. The State Of Bihar

2024-01-12Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55542 of 2023 Arising Out of PS. Case No.-238 Year-2022 Thana- PATNA GRP CASE District- Patna ====================================================== Mukesh Kumar Son Dof Late Binda Chaudhry Resident Of Village- Azad Nagar Ganj, Block Road, P.S.- Simri Bakhtiyarpur, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Special (NDPS) Case No. 47 of 2022, arising out of G.R.P. Patna P.S. Case No. 238 of 2022 for the offences registered under Sections 274, 275, 276, 34 of the Indian Penal Code and Sections 29, 21(c) of the NDPS Act.

3. This is second bail petition filed on behalf of the petitioner. Earlier, this Court rejected the bail petition of the petitioner on merit, vide order dated 14.03.2023 passed in Cr. Misc. No. 50012 of 2022.

4. Learned counsel for the petitioner submits that petitioner has remained in custody for about 1 year and six months and it appears that the trial will not be concluded in near

Patna High Court CR. MISC. No.55542 of 2023(7) dt.12-01-2024 2/2 future.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Having heard the learned counsels for the parties and considering the facts and circumstances of the case, no new facts has come for consideration of the bail of the petitioner. Accordingly, the present bail petition of the petitioner is dismissed. However, learned trial court is directed to expedite the disposal of the trial preferably within six months and if the trial is not concluded within the aforesaid period, the petitioner is at liberty to renew his prayer for bail.

(Sunil Dutta Mishra, J) rakhi/- U T