Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71515 of 2024 Arising Out of PS. Case No.-509 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== Kishan Kumar S/o Dhirendra kumar @ Dhirendra Singh @ Sipahiji R/o Village- Chechaul, Ps- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

Mr. Samrendra Kumar Jha, Adv.

For the State :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2025 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 8(c), 21(b)(c) of the N.D.P.S. Act.

3. As per FIR, 15.2 grams of smack was recovered from the possession of the co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that no incriminating article has been recovered from the possession of the petitioner. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused. He submits that the similarly situated co-accused has already been granted bail by

Patna High Court CR. MISC. No.71515 of 2024(4) dt.10-02-2025 2/2 the learned court below. Petitioner has 11 criminal antecedents as mentioned in para-3 of this application and he is languishing in judicial custody since 25.07.2024.

5. Learned APP for the State opposed the prayer for bail.

6. In pursuance to the order dated 10.01.2025, status report of trial in connection with Special Case No. 134 of 2022 arising out of Naubatpur P.S. Case No. 509 of 2022 has been received and kept at Flag-X, in which it is reported that if both parties, prosecution as well as defence side, properly cooperate with the court, nine months time may be given to conclude the trial.

7. Considering the facts and circumstances of the case, in am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection with Special Case No. 134 of 2022 arising out of Naubatpur P.S. Case No. 509 of 2022.

8. However, petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the stipulated period. (Anjani Kumar Sharan, J) devendra/- U T