Patna High CourtCR. MISC./66606/2024bail rejected

Vivek Kumar v. The State Of Bihar

2024-10-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66606 of 2024 Arising Out of PS. Case No.-497 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Vivek Kumar S/O Shiv Bachan Prajapati @ Shiv Bachan Prajapat R/O Village- Rupaspur, P.S- Buniyad Ganj, District- Gaya, Bihar, 805125 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate Mr. Akshay Lal Pandit, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-10-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Gaya Muffasil P.S Case no. 497 of 2023 registered under sections 8(c) and 21(c) of the NDPS Act.

3. As per the prosecution case, while two accused persons on the motorcycle managed to escape, the petitioner who was also on the motorcycle was arrested and one kilogram of brown sugar was recovered from his possession.

4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 11.10.2023 (Annexure-P-3) passed in Cr. Misc. no.48234 of 2023. The petitioner has remained in custody since 12.5.2023 and has no criminal antecedent. There is no chance of the trial

Patna High Court CR. MISC. No.66606 of 2024(4) dt.28-10-2024 2/2 concluding in the near future. He undertakes to cooperate in the trial.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 20.9.2024, the case is pending for prosecution evidence since 14.6.2024.

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, according to which one kilogram of brown sugar was recovered from the possession of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T