Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83425 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Suraj Kumar S/O Ramakant Mahato R/O Village- Mauje, Ward No- 15, P.S.- Raxaul, District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhandev Kumar, Advocate Mr. Atul Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raxaul P.S. Case No.350 of 2023 lodged on 21.07.2023, for the offences punishable under Sections 20(b)(ii)(b)/23/27(A) of the N.D.P.S. Act.

3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 01.11.2023 passed in Cr. Misc. No. 69539 of 2023 with liberty granted to the petitioner to renew his prayer for bail six months after framing of charge. Counsel submits that charge has already been framed in this case on 24.04.2024 and summons have been issued to the witnesses also, but no one has come forward to adduce evidence. Counsel further submits that petitioner has no criminal antecedent and he is in custody since 22.07.2023.

Patna High Court CR. MISC. No.83425 of 2024(3) dt.19-03-2025 2/2

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on earlier occasion, report about the present stage of the trial has been called for and from the said report, it transpires that Trial Court has demanded six months time to conclude the trial.

5. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

6. Superintendent of Police, East Champaran, Motihari is directed to do the needful by directing the concerned S.H.O/I.O of this case to do the needful so that all witnesses of this case i.e. Raxaul P.S. Case No.350 of 2023, be examined at the earliest. And Trial Court is directed to conclude the trial within six months.

7. Registry is directed to transmit a copy of this order to the Superintendent of Police, East Champaran, Motihari through fax, e-mail or any other mode forthwith. Registry is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, East Champaran, Motihari at his level. (Dr. Anshuman, J) Divyansh/- U T