Debu Rajak vs The State Of Bihar
2021 Latest Caselaw 175 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31840 of 2020
 Arising Out of PS Case No.-337 Year-2018 Thana- BAHADURGANJ District- Kishanganj
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Debu Rajak (M), aged about 39 years, Son of Nageshwar Rajak, Resident of Jalpaiguri, Ward No.21, Police Station- Kotwali Sadar, District- Jalpaiguri (W.B.) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s   :        Mr. Rajnish Kumar, Advocate
For the State          :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-01-2021

Heard Mr. Rajnish Kumar, learned counsel for the

petitioner and Mr. Md Arif, learned In-charge Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Bahadurganj PS Case No. 337 of 2018 dated 17.12.2018,

instituted under Sections 8/20 (b) (ii) (C) of the Narcotic Drugs

and Psychotropic Substances Act, 1985.

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

earlier such prayer was rejected by Hon'ble Mr. Justice Sanjay

Priya, as he then was, on 17.07.2019 in Cr. Misc. No. 32270 of

2019.

4. On 17.12.2020, a report was called for from the Court

below with regard to the position of the trial and also it was

observed that the Court below shall indicate as to how soon the Patna High Court CR. MISC. No.31840 of 2020 dt.18-01-2021

trial would be concluded. Pursuant to the same, report has been

received from the learned District and Sessions Judge, Kishanganj

(trial court) dated 18.12.2020 in which it has been stated that 10th

and last prosecution witness has been examined on 26.11.2020

and it was expected that the trial would be concluded in the month

of January, 2021. He has further assured to conclude the trial in

January, 2021.

5. Having regard to the aforesaid, the Court does not

find any occasion to consider the prayer for grant of bail to the

petitioner as the trial has almost reached conclusion.

6. Accordingly, the application stands dismissed.

7. However, the Court below shall ensure that the trial is

concluded in this month, as has been assured in the report of the

Court concerned dated 18.12.2020.

8. Learned counsel for the petitioner shall e file the

main application supported by affidavit latest by day after

tomorrow.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T