Patna High CourtCR. MISC./69622/2023bail rejected

Vikki Kumar v. The State Of Bihar

2023-11-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69622 of 2023 Arising Out of PS. Case No.-649 Year-2022 Thana- ARARIA District- Araria ====================================================== Vikki Kumar S/O Munarik Rai Village- Baharanpur, Ps- Raghopur, DistVaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Araria P.S. Case No. 649 of 2022 lodged under Sections 20(b) (ii)(c), 25, 29 of the N.D.P.S. Act.

3. As per the prosecution case, the F.I.R. has been lodged against 4 named accused persons from whose possession total 35.175 kg ganja has been recovered which is subject matter of the present case.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that nothing was recovered from conscious possession of the petitioner. He submits that petitioner is in custody since 31.07.2022 and there is one criminal case pending against him.

Patna High Court CR. MISC. No.69622 of 2023(2) dt.01-11-2023 2/2

5. Counsel further submits that the bail application of co-accused has been rejected by the Co-ordinate Bench of this Court vide order dated 09.10.2023 passed in Cr. Misc. No. 27305 of 2023. In the said rejection order, it was observed that the trial may be concluded within 6 months as trial court has demanded such time.

6. Learned counsel for the State opposes the prayer for bail and submits that commercial quantity of contraband has been recovered from the possession of the petitioner along with others.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

8. However, Trial Court is directed to expedite the trial as earliest as possible.

(Dr. Anshuman, J.) Prakashmani/- U T