Pramod Kumar v. The Union Of India Through Intelligence Officer Narcotics Control Bureau (Ncb), Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76342 of 2024 Arising Out of PS. Case No.-15 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== Pramod kumar, Son of Late Mukhlal Gupta, R/o village- Bemua, P.S.- Suhawal, Dist- Ghazipur, Uttar Pradesh. (U.P.). ... ... Petitioner/s

Versus

The Union of India through Intelligence Officer Narcotics Control Bureau (NCB), Patna, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Kumar, Advocate For the Opposite Party/s :

Mr.K.N. Singh(A.S.G.) For the U.O.I./N.C.B.

:

Mr. Arvind Kumar, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-07-2025 Heard learned counsel appearing on behalf of the parties.

2. This is the second prayer of bail application of the petitioner.

3. On earlier occasion, the prayer of bail of the petitioner was rejected by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 85611 of 2023 dated 10.01.2024, where the direction was given to the learned trial court to conclude the trial, as soon as possible.

4. Accused/petitioner is named in FIR and

Patna High Court CR. MISC. No.76342 of 2024(11) dt.31-07-2025 2/3 remains in custody since 27.05.2022.

5. It is submitted by learned counsel that the petitioner is in custody for more than three years and still the trial is not concluded. It is pointed out that petitioner cannot be kept behind the bars for an indefinite period of time in want of trial. It is submitted that the right of speedy trial is a fundamental right of petitioner and in support of his submission, learned counsel relied upon the legal report of Hussainara Khatoon and Others Vs. Home Secretary, State of Bihar, reported in 1980(1)SCC 98.

6. Contradicting to the aforesaid submission, learned Central Government Counsel for Department of NCB, while opposing the prayer of bail submitted that in view of earlier direction as discussed aforesaid, the trial court almost concluded the trial and this matter is pending at argument stage, where prosecution heard finally by learned trial court on 10.07.2025 and now delay is intentional on part of petitioner.

7. Considering the aforesaid submission, as

Patna High Court CR. MISC. No.76342 of 2024(11) dt.31-07-2025 3/3 the matter is pending at the stage of argument of petitioner, where, the argument of prosecution already concluded on 16.07.2025, itself, accordingly, the prayer of bail of petitioner stands rejected.

(Chandra Shekhar Jha, J) veena/- U T