Petitioner sought regular bail in an NDPS case involving 1024 kgs of ganja. Despite trial court being directed to expedite trial earlier, case had not progressed. Bail was rejected due to serious allegations and charge-framing. Trial court directed to expedite trial.
Bail application rejected; trial court directed to expedite trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29597 of 2022
Arising Out of PS. Case No.-500 Year-2020 Thana- RAJAOLI District- Nawada
======================================================
CHANDAN KUMAR SON OF RAJENDRA RAI R/O VILLAGEMANGALPUR, P.S.- KHAJURIYA, DISTRICT- MOTIHARI
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ram Sandesh Roy, Advocate For the Opposite Party/s : Ms. Pushpa Sinha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
3 10-08-2022 Heard learned counsel for the parties.
The petitioner has renewed his prayer for grant of
regular bail in a case registered under sections 20 and 22 of the N.D.P.S. Act.
As per the prosecution case, the petitioner is said to be the khalasi of the truck from which 1024 kgs of ganja was recovered.
It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 29.11.2021 (Annexure-1) passed in Cr. Misc. no. 29135 of 2021 directing the learned trial court to expedite the trial. Inspite of petitioner being in custody since 20.1.2020, there is no progress in the trial and no witness has been examined on behalf of the prosecution. The petitioner
Patna High Court CR. MISC. No.29597 of 2022(3) dt.10-08-2022 2/2
undertakes to cooperate in the trial.
Heard learned APP for the State.
A report was called for from the learned trial Court.
As per the report received contained in letter dated 22.7.2022, charge has been framed in the learned trial court and the case is fixed for prosecution evidence.
Having heard learned counsel for the parties and taking into consideration the nature of allegation wherein a total of 1024 kgs of ganja was recovered from the truck in question and the petitioner who is khalasi of the truck was taken into custody together with charge having been framed in the learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
The learned trial court is directed to expedite the trial.
(Partha Sarthy, J)
Spd/-
U T
2 issues framed by the court
Whether bail should be granted where 1024 kgs of ganja were recovered and charge was framed.
Whether the trial court should be directed to expedite the trial after charge-framing.
1 provisions across 1 enactments
Chandan Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
