Lorik Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19047 of 2018 Arising Out of PS.Case No. -20 Year- 2014 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ======================================================
1. Lorik Rai S/o Rajendra Rai, R/o Village- Sabalpur Nawal Tola, P.S.- Sonepur, District- Saran.
.... .... Petitioner
Versus
1. The State of Bihar.
2. The Economic Offence Unit of Bihar.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-06-2018 Heard both sides.
The petitioner seeks bail in Economic Offence P.S. Case No.20/2014, Spl. Case No.27/2014, registered under Sections 414, 420, 467, 468, 471, 472/34 of the Indian Penal Code and Section 20(B)(1)/23/29 of the N.D.P.S. Act. Learned counsel for the petitioner submits that the police intercepted the vehicle and recovered huge quantity of Ganja from the truck. Suresh Kumar @ Suresh Rai, Dharmveer Kumar Singh, Pappu Kumar Singh and others were apprehended. The prayer for bail of the petitioner was earlier rejected vide order dated 21.05.2015 passed in Cr. Misc. No. 12525 of 2015. Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.19047 of 2018 (3) dt.27-06-2018 2/3 petitioner is in jail for more than four years but till now only two prosecution witnesses have been examined. The co-ordinate Bench of this court granted bail to Suresh Kumar @ Suresh Rai on this ground alone that the accused is incarnation for more than four years but the prosecution economic offence unit failed to get the witnesses examined. The situation remained the same even after the order passed in Cr. Misc. No.43282 of 2017 dated 29.11.2017. More than seven months elapsed but the prosecution could not be able to examine any single witness. There appears from the facts that the prosecution agency seldom takes any interest in conclusion of the trial and the agency is only interested in lodging the case and putting the accused in custody.
Considering the aforesaid fact and the fact that similarly situated other accused persons namely Pappu Kumar Singh, Dharmveer Kumar Singh @ Babloo Singh and Suresh Kumar @ Suresh Rai have already been enlarged on bail vide order dated 04.04.2018 passed in Cr. Misc. No.2602 of 2018, vide order dated 07.02.2018 passed in Cr. Misc. No.53744 of 2017 and vide order dated 29.11.2017 passed in Cr. Misc. No.43283 of 2017, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.
Patna High Court Cr.Misc. No.19047 of 2018 (3) dt.27-06-2018 3/3 Additional Sessions Judge-VI, Patna, in connection with Economic Offence P.S. Case No.20/2014, Spl. Case No.27/2014, subject to the condition that one of the bailors shall be government servant and another bailor shall be relative of the petitioner having substantial immovable property in his name.
(Prabhat Kumar Jha, J) Amit/- U T