Om Prakash @ Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71363 of 2021 Arising Out of PS. Case No.-14 Year-2018 Thana- D.R.I District- Patna ====================================================== OM PRAKASH @ OM PRAKASH SINGH S/o Yogendra Singh Resident of Village- Chanda, P.O.- Chanda, P.S.- Athmalgola, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Kumar, Intelligence Officer, Directorate of Revenue Intelligence Regional Unit, Patna, 'Vardan' Arya Samaj Mandir Road, R.P.S. More, Bailey Road, P.S.- Danapur, District- Patna- 801502. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Ashwini Kumar Gupta, Advocate For the State :

Mr.Narsingh Tanti, APP For Union of India :

Mr. Praveen Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 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, learned APP for the State and learned counsel for the Union of India through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner seeks bail in connection with Special (N.D.P.S.) case No.79/2018 F.No.DRI/LZU/PRU/718(II)/ ENQ-

Patna High Court CR. MISC. No.71363 of 2021(3) dt.16-02-2022 2/2 14/2018 registered under Sections 20/25/29 of the N.D.P.S. Act, pending in the court of Special Judge-cum-A.D.J. XIII (N.D.P.S.), Patna.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that 468.600 kgs ganja was said to have been recovered. Same was more than commercial quantity and the petitioner was not entitled for 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 nine prosecution witnesses, six prosecution witnesses have already been examined.

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 six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T