Patna High CourtCR. MISC./63826/2018dismissed

Rajesh Kumar v. State Of Bihar And ANR

2018-11-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63826 of 2018 Arising Out of PS. Case No.-6 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Rajesh Kumar, Son of Sri Ravindra Singh, Resident of Mohalla- Madanpur, Police Station- Vishnupad and District- Gaya. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through Ministry of Home Affairs, Government of India, Intelligence Zone, Patna Zonal Unit Narcotic Control Bureau (NCB). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar No-2 For the Opposite Party/s :

Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-11-2018 Heard the parties.

The petitioner seeks bail in NCB/PZU/06/2016 registered under Sections 20C and 299 of the Narcotic Drugs and Psychotropic Substance Act.

Earlier prayer for bail of the petitioner was rejected by this Court firstly vide order dated 20.03.2017 passed in Cr.Misc.No.7163/17 and secondly vide order dated 17.01.2018 passed in Cr.Misc.No.59736 of 2017 with direction to the trial court to expedite the trial and try to conclude it within a period of eight months and there is recovery of 134.200 Kgs.ganja from possession of the petitioner.

Submission made on behalf of the petitioner is that

Patna High Court Cr.Misc. No.63826 of 2018(3) dt.28-11-2018 2/2 ganja has been recovered from possession of the petitioner and he is in jail custody for more than 2 1⁄2 years. Up-till now only one witness has been examined and rest three witnesses are yet to be examined.

Heard the learned A.P.P. and the learned counsel for the informant who opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, considering the period of custody learned trial court is directed to expedite the trial conducting on day to day basis so that the trial may be concluded wihin a period of one year and at the same time the S.P., Gaya, is directed to produce witnesses so that the trial may be concluded as early as possible.

This application is dismissed.

(Vinod Kumar Sinha, J) aks/- U