Raju Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57514 of 2022 Arising Out of PS. Case No.-102 Year-2016 Thana- DUMARIAGHAT District- East Champaran ====================================================== RAJU TIWARI S/o Subhash Tiwari @ Subhash R/o Village- Banjara Patti, P.S.- Kasaiya, District- Kushinagar, Uttar pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Dumariyaghat P.S. Case No. 102 of 2016 instituted for the offence under Sections 414/34 of the Indian Penal Code and Sections 20B, 22, 23, 24 of the N.D.P.S. Act. As per allegation in the FIR, the informant got information that one truck bearing registration No. UP-52F2189 has carried ganja from Kushinagar to Begusarai. He along with police official reached there and apprehended the petitioner from spot. On search, 125 Kg ganja was recovered which was kept behind the driver's seat. According, the seizure list was prepared.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.57514 of 2022(3) dt.17-02-2023 2/3 petitioner is innocent and committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of ganja or with the truck rather he was only driver of the said truck. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since since long period (30.9.2016). Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner was driver of the alleged vehicle from where the ganja has been recovered at the time of incident.

The report was called for in the instant case from the Court below. As per the report of I/C 14th Additional District & Sessions Judge, cum-Special Judge of NDPS Act, East Champarant at Motihari, contained in later dated 10.2.203, only two prosecution witness have been examined and seven witnesses are yet to be examined.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite and conclude

Patna High Court CR. MISC. No.57514 of 2022(3) dt.17-02-2023 3/3 the trial within period of six months.

However, if the trial of the petitioner is not concluded within a period of six months, he would be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) amandeep/- U T