Patna High CourtCR. MISC./82849/2023bail rejected

Avinash Srivastava @ Avinash Kumar @ Amit v. The State Of Bihar

2024-02-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82849 of 2023 Arising Out of PS. Case No.-401 Year-2020 Thana- MAHNAR District- Vaishali ====================================================== AVINASH SRIVASTAVA @ AVINASH KUMAR @ AMIT, Son Of Late Lalan Srivastava @ Lala Sinha R/O Village- Bidupur Mayaram Pethiya, P.S.- Bidupur, Dist.- Vaishali At Present Residing In N/30, M.I.G. Colony, Kankarbagh, P.S.- Kankarbagh, Dist.- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar Tiwari, Advocate For the State :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Mahnar P.S. Case No. 401 of 2020, registered for the offence punishable under Section 120B of the Indian Penal Code and Sections 8, 20(b)(ii)(c), 25 and 29 of the N.D.P.S. Act.

3. Lastly, the prayer for bail of petitioner was rejected vide order dated 19.05.2022 passed in Cr. Misc. No. 64879 of 2021 (Annexure - 1 to the present bail application).

4. The trial court report dated 05.02.2024 reveals that in this case, out of five charge-sheeted witnesses, three witnesses have already been examined and cross-examined and summons have already been issued to the rest of the witnesses.

Patna High Court CR. MISC. No.82849 of 2023(3) dt.16-02-2024 2/2 Next date in the case is fixed for 23.02.2024.

5. Considering the nature of accusation and progress of the trial, the prayer for bail of the petitioner is rejected. However, considering the fact that the petitioner is in custody since 17.12.2020, the trial court is directed to expedite the trial and conclude the same, preferably within a period of one year from the date of receipt/production of copy of this order. (Prabhat Kumar Singh, J) shashank/- U T