Vinesh Yadav @ Dinesh Yadav @ Binesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74933 of 2023 Arising Out of PS. Case No.-482 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== Vinesh Yadav @ Dinesh Yadav @ Binesh Yadav S/o Late Vipat Yadav @ Bipat Yadav Village- Kahugug, P.S. Barachatti, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar-II, Advocate Mr. Aryan Singh, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-10-2024 Heard Mr. Manish Kumar-II, learned Advocate for the petitioner and the learned APP for the State.

2. The petitioner seeks bail in connection with N.D.P.S. Case No. 33 of 2020, arising out of Barachatti P.S. Case No. 482 of 2020 dated 10.08.2020 instituted for the offences under Sections 18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prayer for anticipatory bail of the petitioner was earlier rejected by this Court vide order dated 06.01.2022 passed in Cr. Misc. No. 16316 of 2021, giving liberty to him to surrender

Patna High Court CR. MISC. No.74933 of 2023(7) dt.04-10-2024 2/3 before the court below and seek bail.

4. 75 kgs. of Doda powder and 1 kg. of Ganja is said to have been recovered from the house of the petitioner.

5. The petitioner claims that the house does not belong to him and that even taking the prosecution case on its face value to be correct, the recovery is only slightly more than the commercial quantity.

6. He has further submitted that he is now in custody since 13.05.2023 and there is no progress in the case before the Trial Court up till now.

7. This Court had called for a report from the court below about the stage of the case.

8. The report has since been received.

9. The report dated 06.08.2024 demonstrates that not a single witness has been examined as yet. This is surprising as also frustrating.

10. The Trial Court is directed to ensure that witnesses are examined and the case stands

Patna High Court CR. MISC. No.74933 of 2023(7) dt.04-10-2024 3/3 concluded. In case the Trial is not concluded within a period of nine months from today, it would be open for the petitioner to approach the Trial Court for grant of bail and in the event of the Trial Court rejecting such prayer, it would be under an obligation to record the reasons for the tardy progress of the Trial.

11. The petition stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T