Patna High CourtCR. MISC./69728/2022bail rejected

Vikash Kumar v. The State Of Bihar

2023-01-25Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69728 of 2022 Arising Out of PS. Case No.-181 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== VIKASH KUMAR S/o Amarendra Rai @ Amrendra Kumar SIngh R/vBhairopur, P.S.- Bidupur, District- Vaishali at Hajipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-01-2023 Heard Mr. Rakesh Kumar, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned A.P.P. for the State.

Petitioner renews his prayer for regular bail in connection with Bidupur P.S. Case No. 181 / 2020 registered under Section 25 (1-B)a / 26 / 35 of the Arms Act and Section 20 / 21 / 22 / 23 / 24 / 27 / 27(A) / 29 of the N.D.P.S. Act inasmuch as earlier on two occasions the bail application of the petitioner was rejected vide Cr. Misc. Nos. 6244 / 2021 & 2071 / 2022 on 12.04.2021 and 09.02.2022 The allegation against the petitioner is that commercial quantity of Ganja was recovered from the Bolero vehicle in which the petitioner was found sitting along with other accused persons as well as 915 grams of Charas has been

Patna High Court CR. MISC. No.69728 of 2022(3) dt.25-01-2023 2/2 recovered from the possession of the petitioner. Petitioner is in custody since 28.05.2020.

This court vide its order dated 21/12/2022 has called for a report from the court below regarding the progress of the trial and in pursuance thereof report has been furnished by learned Addl. District & Sessions Judge - 1st cum Special Judge, Vaishali at Hajipur in which the estimated time for conclusion of the trial has been given by the trial court as nine months.

In view of the fact that commercial quantity of Ganja has been recovered from the Bolero in which the petitioner was found sitting as well as more than small quantity of Charas was recovered from the possession of the petitioner, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail is rejected.

However, the petitioner may renew his prayer for bail after nine months if the trial does not show any progress. (Anil Kumar Sinha, J) praful/- U T