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Patna High CourtCR. MISC./66512/2021dismissed

Pramod Kumar @ Pramod Rai v. The State Of Bihar

2022-02-09Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66512 of 2021 Arising Out of PS. Case No.-186 Year-2017 Thana- BARAUNI District- Begusarai ====================================================== PRAMOD KUMAR @ PRAMOD RAI S/o Devi Rai @ Devendra Prasad R/o Sharifaganj, P.S Malsalami, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner seeks bail in connection with N.D.P.S. case No.12(A) of 2017 arising out of Barauni Zeromile P.S. case No.186 of 2017 registered under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substance Act, pending in the court of Additional Sessions Judge-I, Begusarai.

Patna High Court CR. MISC. No.66512 of 2021(3) dt.09-02-2022 2/3 The earlier bail application of the petitioner was rejected vide Annexure P/1 series to the present application taking into account that 583 kgs ganja is said to have been recovered from the truck, which belonged to the petitioner and the same was beyond the commercial quantity and the petitioner was not entitled for grant of bail under Section 37 of the N.D.P.S. Act.

A report was called for from the trial court. It has been reported that out of seven prosecution witnesses, one prosecution witness has already been examined and six prosecution witnesses are yet to be examined in the present case.

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.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of eight months from the date of receipt/production of a copy of this order. The District Magistrate, Begusarai and the Superintendent of Police, Begusarai are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the

Patna High Court CR. MISC. No.66512 of 2021(3) dt.09-02-2022 3/3 stipulated period.

Let this order be communicated to the District Magistrate, Begusarai and the Superintendent of Police, Begusarai.

(Sudhir Singh, J) Narendra/- U T