Patna High CourtCR. MISC./64914/2021bail rejected

Dharmendra Kumar v. The State Of Bihar

2022-03-23Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64914 of 2021 Arising Out of PS. Case No.-219 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== DHARMENDRA KUMAR SON OF RAMSHALOK ROY R/O VILLAGE BAIKUNTHPUR (KRISHNA TOLA), P.S. KHUSHRUPUR, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binayak Kumar Shrivastav, Adv For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2022 Heard Mr. Binayak Kumar Shrivastav, learned counsel for the petitioner and Mr. Narsingh Tanti, learned APP for the State.

Petitioner has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was dismissed on merit vide order dated 16.04.2021 passed in Cr. Misc. No. 7850/2021.

As per First Information Report, the petitioner along with co-accused was indulged in the business of Ganja and the police recovered 21.900 Kgs of Ganja from the house of coaccused, Arbind Ray and arrested the petitioner from the house of the said co-accused.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.64914 of 2021(6) dt.23-03-2022 2/2 petitioner is in custody since 03.07.2020 and there is tardy progress in the trial.

This Court vide order dated 08.12.2021 had called for a report from the court of Additional Sessions Judge-XVI, Patna regarding stage of the trial and pursuant thereof, the report vide Letter No. 27 dated 21.02.2022 has been received and from perusal of the same, it would be evident that the charges have been framed against the petitioner and the case is running for examination of prosecution evidence.

In view of the fact that commercial quantity of Ganja was recovered and the bail application of the petitioner was earlier rejected on its merit, I see no reason to grant bail to the petitioner in the second attempt. Accordingly, the same is dismissed.

(Anil Kumar Sinha, J) perwez U T