Yetwari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79748 of 2019 Arising Out of PS. Case No.-282 Year-2017 Thana- BIDUPUR District- Vaishali ====================================================== YETWARI PASWAN Son of Late Rameshwar Paswan Resident of VillageBahranoyr, P.S-Raghopur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Smt. Anita Kumari Singh, the learned APP for the State. The present petition is by way of 3rd attempt at the behest of the petitioner for grant of regular bail inasmuch as the earlier bail petitions filed by the petitioner for grant of regular bail were dismissed by this Court by an order dated 28.06.2018 passed in Cr. Misc. No. 18026 of 2018 and order dated 06.02.2019 passed in Cr, Misc. No. 72537 of 2018 in connection with Biddupur P.S. Case No. 282 of 2017 for the offence punishable under Sections 8/20(B)(11) of the NDPS Act. The allegation is regarding recovery of 20 Kg. Of

Patna High Court CR. MISC. No.79748 of 2019(5) dt.09-06-2020 2/2 Ganja from the petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 16.09.2017 and there is no progress in the trial. Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and perused the materials on record. A report has been submitted by the learned court of Additional District & Sessions Judge- 1st, Vaishali at Hajipur dated 8.1.2020, in view of the direction of this Court dated 18.12.2019, wherein it has been stated that the trial is on the verge of completion inasmuch as 9 prosecution witnesses have already been examined and only one witness remains to be examined on behalf of the prosecution. In such view of the matter, I do not find it deem fit and proper to reconsider the prayer of the petitioner for grant of regular bail in view of the nature of allegations levelled against the petitioner herein as also considering the fact that trial is nearing completion, hence, the present petition stands dismissed. (Mohit Kumar Shah, J) Tiwary/- U T