Abhimanu Kumar @ Chotu @ Abhimanyu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.663 of 2022 Arising Out of PS. Case No.-434 Year-2020 Thana- NAGAR District- Vaishali ====================================================== ABHIMANU KUMAR @ CHOTU @ ABHIMANYU KUMAR S/o Ajay Patel R/o village- Dighikala Purbi Maliya Tola, P.S.- Hajipur Sadar, DistrictVaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashish Kumar Ranjan, Adv.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has renewed his prayer for bail in a case registered under sections 395 and 420 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 22, 23, 24, 27, 27A and 29 of the NDPS Act. As per the prosecution case, it is stated that 250 grams of charas was recovered from the possession of the petitioner.
It is submitted that no incriminating article has been recovered from the possession of the petitioner who has been falsely implicated in the case. The earlier application for bail of the petitioner was rejected vide order dated 28.7.2021
Patna High Court CR. MISC. No.663 of 2022(2) dt.12-01-2022 2/2 (Annexure-1) passed in Cr. Misc. no.6716 of 2021. He has no criminal antecedent and is in custody since 5.7.2020. Referring to the ordersheet of the learned court below, it is submitted that there is no progress whatsoever in the trial and no chance of the case/trial concluding in the near future.
The application for bail is opposed by learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is no inclined enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial. Liberty is granted to the petitioner to renew his prayer for bail if there is no substantial progress in the trial, on completing two years in custody.
(Partha Sarthy, J) Bibhash/- U