Patna High CourtCR. MISC./74709/2018dismissed

Rakesh Kumar v. The State Of Bihar

2019-01-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 74709 of 2018 Arising Out of PS. Case No.-119 Year-2016 Thana- Gandhimaidan District- Patna ====================================================== Rakesh Kumar S/o Ashwani Prasad @ Ashni Prasad @ Ashwani Kumar @ Ashwani Kumar Paswan Resident of Mohalla- Shastri Nagar, Police StationRampur, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Lakshman Lal Pandey For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

23-01-2019 Heard Sri Lakshman Lal Panday, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor.

This is 3rd attempt for grant of bail on behalf of the petitioner in Gandhi Maidan P.S. Case No. 119 of 2016 (Special Case No. 12 of 2016) registered for offence under Sections 8, 21, 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act').

Learned counsel for the petitioner tried to persuade the Court that during evidence, neither the investigating officer has properly supported the prosecution case nor forensic report has been received in the court below.

Fact remains that the petitioner is in custody on an

Patna High Court Cr.Misc. No.74709 of 2018(4) dt.23-01-2019 2/2 accusation of recovery of about 485 gm of Heroin and twice on merit, the prayer for bail of the petitioner was rejected. It is also evident that evidence is going on. Once the trial has commenced and the case pertains to an offence under the N.D.P.S. Act relating to recovery of Heroin, there is no reason to review my earlier order.

Accordingly, the prayer for bail again stands dismissed.

However, while dismissing the prayer for bail and considering the period of custody, it is desirable to observe that the learned court below as well as the prosecution may take appropriate step so that the case may come to its logical end without unnecessary delay.

(Rakesh Kumar, J.) anay U T