Prashant Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59847 of 2022 Arising Out of PS. Case No.-323 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Prashant Gaurav, S/o Sujeet Kumar @ Sujit Kumar, R/o Village- Gopalpur, P.S.- Sakra, Distt-n Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Ms. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 28-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with N.D.P.S. case no. 43 of 2020 arising out of Kudhni (Turki O.P) P.S. Case No.323 of 2020, registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 8, 20 and 22 of the N.D.P.S. Act As per allegation, 1kg 70 g of charas has been recovered from the dicky of a motorcycle bearing Registration no. BR06BU-6121.

Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.59847 of 2022(3) dt.28-02-2023 2/3 case. He further submits that investigation in this case is complete and charge-sheet has already been submitted and there is no progress in the trial.

He further submits that the petitioner has been languishing in jail since 03.06.2020.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in five other cases and he is on bail in all the cases. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the commercial quantity of the recovered contraband, I am not persuaded to enlarge the petitioner on bail at this stage.

The petition stands rejected accordingly.

However, Ld. Trial Court is directed to expedite the Trial and in case the Trial is not concluded within one year, the petitioner will have liberty to renew his prayer for bail. Ld. counsel for the petitioner is directed to remove

Patna High Court CR. MISC. No.59847 of 2022(3) dt.28-02-2023 3/3 all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) chandan/- U T