Kunal Rai vs The Union Of India Throught He ...
2021 Latest Caselaw 611 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.1384 of 2021
  Arising Out of PS. Case No.-44 Year-2018 Thana- GOVERNMENT OFFICIAL COMP.
                                     District- Patna
======================================================

Kunal Rai, aged about 30 years, Gender-Male, Son of Brijnandan Rai @ Brijnandan Ray, Resident of Village-Rampur Shyam Chand, P.S.-Raghopur, District-Vaishali.

... ... Petitioner/s Versus The Union of India through the Director, Narcotics Control Bureau, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the UOI : Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Jay Ram Prasad, learned counsel for the

petitioner and Mr. Manoj Kumar Singh, learned counsel for the

Union of India.

3. This is the second attempt for bail by the petitioner as

earlier such prayer was rejected by order dated 18.12.2019

passed in Cr. Misc. No. 46583 of 2019.

4. The petitioner is in custody in connection with Special

Case No. 118 of 2018 arising out of NCB/PZU/V Case No. 44

of 2018 dated 13.10.2018, instituted under Sections 8, 20 and 29

of the Narcotic Drugs and Psychotropic Substances Act, 1985.

5. The allegation against the petitioner and two others is Patna High Court CR. MISC. No.1384 of 2021 dt.03-02-2021

of transporting ganja and they were caught on the truck with

732 Kgs. of ganja.

6. Learned counsel for the petitioner submitted that he

would not be adverting to the merits which has been discussed

in the earlier order. However, he submitted that the trial is not

proceeding and the Court may direct for expediting the same.

7. Learned counsel for the Union of India submitted that

every effort shall be made to conclude the trial within six

months subject to cooperation by the petitioner.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the

Court is not inclined to grant bail to the petitioner.

9. Accordingly, the application stands dismissed.

10. However, let the Court below expedite the trial and

conclude it at the earliest keeping in mind the assurance given

by learned counsel for the Union of India that they shall

cooperate for getting the trial concluded within six months.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T