Yogendra Singh Bhokta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83142 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- DUMARIYA District- Gaya ====================================================== Yogendra Singh Bhokta S/o Ram Swaroop Singh Bhokta R/o VillagePichhuliya, P.S.- Dumariya, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Advocate For the State :

Mrs. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-04-2025 Heard the learned counsel for the petitioner, and the learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Dumariya P.S. Case No. 29 of 2023, registered for the offences punishable under Sections 18, 20 and 22 of the NDPS Act and the charge-sheet submitted under Sections 8, 17(C) and 18(C) of the N.D.P.S. Act.

3. The prosecution case in brief is that on confidential information, the police party apprehended a person on a motorcycle, who disclosed his name as Yogendra Singh Gupta and upon search, total 8 kg liquid material was found which was disclosed to be opium milk.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and has falsely been implicated

Patna High Court CR. MISC. No.83142 of 2024(4) dt.21-04-2025 2/3 in this case merely because he was driving the said motorcycle which does not belong to the petitioner. Learned counsel for the petitioner has drawn the attention of this Court towards the previous bail application which was preferred by the petitioner being Criminal Misc. No. 54384 of 2023, wherein Co-ordinate Bench of this Hon'ble Court vide order dated 04.12.2023 had directed to expedite and conclude the trial within nine months and had granted liberty to the petitioner to renew his prayer for bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Despite the passage of time, it has been stated by the learned counsel for the petitioner, the trial is yet to be completed and also from perusal of the report received from the trial court, it is evident that out of the four witnesses, three have been examined and only one witness remains.

7. Considering the aforesaid facts and circumstances, this Court directs that the learned trial court should expedite the trial and close the examination of prosecution witnesses within one month from today and thereafter complete the trial in another two months.

8. If the trial of the present case is not completed

Patna High Court CR. MISC. No.83142 of 2024(4) dt.21-04-2025 3/3 within the next three months, the petitioner shall be at liberty to renew his prayer for bail.

(Sourendra Pandey, J) Siwani/- U T