Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81387 of 2023 Arising Out of PS. Case No.-13 Year-2018 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== RAVI KUMAR S/O LATE YAMUNA PRASAD VILLAGE- ALIPUR, PS. MUFFASIL, DIST. BHOJPUR (ARRAH), BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dayanand Singh For the Opposite Party/s :
Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-04-2024
1. The petitioner has renewed his prayer for bail in connection with Economic Offence Police Station Case no. 13 of 2018 (Special Case No. 114 of 2018) registered under Sections 8/20 (b)(ii)(C)/25/29 Narcotic Drugs and Psychotropic Substance Act, 1985.
2. This is the third attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier on two occasions the bail application of the petitioner was rejected by this Court.
3. The first bail application, bearing Cr. Misc. No. 40149 of 2020, was rejected by this Court on merit vide order, dated 21.06.2021, with observation that the learned Trial Court will expedite the trial and will try to complete it as
2/4 early as possible preferably within a period of one year.
4. The trial was not completed within a period of one year.
5. The petitioner again approached this Court by filing the second bail application, bearing Cr. Misc. No. 66791 of 2022, which was also rejected by this Court on 01.02.2023, with liberty to the petitioner to renew his prayer for bail after six months, if the trial is not concluded by that time.
6. The petitioner is in custody for about five years and six months i.e. since 10.10.2018.
7. As per the allegation, a vehicle, bearing Registration No. WB-20H-5246, was intercepted, in which, four persons were sitting and upon search 55.5 kilograms of Ganja (Cannabis) was recovered from the dickey of the said car.
8. Learned counsel for the petitioner submits that this bail application was taken up on 16.02.2024 and on the basis of the report submitted by the learned Trial Court, giving the estimated time for conclusion of trial within a period of one month, this Court directed that the present case to be listed after four weeks i.e. on 22.03.2024.
9. In its report, dated 03.02.2024, learned Trial Court has informed that the case is fixed for arguments on
3/4 15.02.2024.
10. The submission of learned counsel for the petitioner is that the situation which was prevailing on 15.02.2024, is still the same and the case is fixed for arguments and the same has not been concluded.
11.Learned counsel further submits that the petitioner is not having any criminal antecedent.
12.No one appears on behalf of learned counsel for the State.
13. Regards being had to the submissions made by learned counsel for the petitioner and taking into consideration the fact that the petitioner has remained in custody for more than five years and six months and he is not having any criminal antecedent, I am inclined to grant regular bail to the petitioner.
14. This application is, accordingly, allowed.
15. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount, each to the satisfaction of learned Additional District & Sessions Judge-IX, Patna, in connection to the Economic Offence Police Station Case no. 13 of 2018.
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16. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J) ashwani/- U T