Patna High CourtCR. MISC./74014/2024disposed

Satish Kumar v. The State Of Bihar

2025-02-05Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74014 of 2024 Arising Out of PS. Case No.-426 Year-2022 Thana- GOPALPUR District- Bhagalpur ====================================================== Satish Kumar S/O Sri Amarnath Ray @ Ramnath Ray R/O Village- Maujipur @ Bhojipur, P.S.- Fatuha, District- Patna. Driver of Truck No. BR-25GA 2165.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vasant Vikas, Advocate For the State :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-02-2025 Heard the parties.

2. The petitioner is in judicial custody in connection with N.D.P.S. Case No. 101 of 2022 arising out of Gopalpur P.S. Case No. 426 of 2022 for the offences punishable under Sections 8, 20(b)(ii)(c) and 25 of the N.D.P.S. Act, lodged on 26.08.2022 by the informant, Md. Mahtab Khan.

3. Earlier, the petitioner moved before this Court for grant of bail in Cr. Misc. No. 58442 of 2023 which was rejected on 04.09.2023.

4. As per the prosecution story, the allegation is that a truck was intercepted and 35 packets of 'ganja' totalling 350 kg was recovered/seized. This followed the F.I.R./arrest.

5. The petitioner has been arrested from the spot with

Patna High Court CR. MISC. No.74014 of 2024(2) dt.05-02-2025 2/2 recovery/seizure of 350 kg 'ganja' and in that background, no relief is can be extended.

6. Accordingly, the bail petition stands rejected.

7. The petitioner is in custody since 27.08.2022 and while the rejecting the earlier bail application, the Trial Court was directed to expedite the trial and conclude the same within a period of one year.

8. The said period stands lapsed without the trial being concluded. The Trial Court must keep in mind that the petitioner is in custody the year 2022, a positive direction was given to conclude the trial, it is expected that the same shall be taken up seriously and in the next one year, the trial be concluded. Failure to do so, a comprehensive report is to be filed giving the reason.

(Rajiv Roy, J) vinayak/- U T