Patna High CourtCR. MISC./34982/2013bail granted

Firoz Khan v. The State Of Bihar

2015-04-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34982 of 2013 Arising Out of PS.Case No. -40 Year- 2010 Thana -RAXAUL District- EAST CHAMPARAN(MOTIHARI) ====================================================== Firoz Khan, S/O Md. Shamsuddin, Resident Of Village- Bara Barewa, Police Station- Raxaul, District- East Champaran at Motihari .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Binod Kumar 2 (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-04-2015 The petitioner figured as an accused in N.D.P.S. Case No.15 of 2010 arising out of Raxaul (Hariaya O.P.) P.S. Case No.40 of 2010, wherein offence punishable under Sections 20, 22 and 23 of the N.D.P.S. Act was alleged. The petitioner was arrested on 17.3.2010. Thereafter he filed an application for bail before the trial court and the same was rejected. He also filed Cr.Misc. Nos.7947 of 2011 and 14382 of 2012 before this Court and both the applications were dismissed. This is the third application filed on his behalf.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner has remained in jail for five years. The stage of the trial of the case is not immediately known. It is not

Patna High Court Cr.Misc. No.34982 of 2013 (5) dt.09-04-2015 2/2 at all advisable to keep the petitioner in jail and he can be released on certain terms. Hence, the application is allowed. The petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, East Champaran at Motihari, in connection with N.D.P.S. Case No.15 of 2010 arising out of Raxaul (Haraiya O.P.) P.S. Case No.40 of 2010, subject to the condition that the petitioner shall attend Raxaul (Haraiya O.P.) Police Station between 10 A.M. and 11 A.M. on first and third Sunday of every month during the pendency of the case. If he fails to attend the Police Station concerned, his bail shall stand cancelled and he shall be liable to be arrested. (L. Narasimha Reddy,CJ) PNM U T