Patna High CourtCR. MISC./74142/2023bail rejected

Pappu Kumar v. The State Of Bihar

2024-01-12Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74142 of 2023 Arising Out of PS. Case No.-283 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== PAPPU KUMAR SON OF NAGESHWAR SAHNI R/O OF VILLAGEBARHAD, P.S.- HATHAURI, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-01-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Hathauri Police Station Case No. 283 of 2020, dated 16.12.2020, registered for the offences punishable under Sections 25(1-b)a/26/35 of the Arms Act and Section 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 05.01.2022, passed in Criminal Misc. No. 35072 of 2021.

Patna High Court CR. MISC. No.74142 of 2023(3) dt.12-01-2024 2/3

4. The prosecution case, as per the First Information Report, is that 01 kg. of charas has been recovered from the possession of the petitioner.

5. Learned Counsel for the petitioner submits that the petitioner has remained in custody since 16.12.2020 and the trial is not progressing satisfactorily.

6. This Court, vide order, dated 24.11.2023, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 2nd Additional Sessions Judge, Muzaffarpur, and from perusal of the same, it would be evident that out of seven charge sheet witnesses, four have already been examined and cross-examined. The learned District Court has given estimated time for completion of trial within six months.

7. After having heard learned Counsel for the parties and taking into consideration the report of the learned District Court, I am not inclined to grant regular bail to the petitioner, at this stage.

8. This application is, accordingly, dismissed.

9. However, the petitioner may renew his prayer for bail after six months from today, if the trial does not make any

Patna High Court CR. MISC. No.74142 of 2023(3) dt.12-01-2024 3/3 substantial progress.

(Anil Kumar Sinha, J.) HarshPandey/- U T