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Patna High CourtCR. MISC./26883/2021allowed

Shailesh Kumar Sharma v. The State Of Bihar

2021-09-08Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26883 of 2021 Arising Out of PS. Case No.-4 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SHAILESH KUMAR SHARMA Son of Hariom Sharma @ Hariom Resident of Village- Kallupurva, P.S.- Pryagpur (Payagpur), District- Bahraich (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-09-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 05 of 2019 arising out of P.R. No.04 of 18-19 (Excise) for the offence under Section 20(B) of the N.D.P.S. Act.

Earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 18.01.2020 passed in Cr. Misc. No. 80029 of 2019.

Learned counsel for the petitioner has submitted that the petitioner is languishing in judicial custody since 22.01.2019 i.e. more than two and half years and there is no substantial progress in the trial. Moreover, the co-accused

Patna High Court CR. MISC. No.26883 of 2021(4) dt.08-09-2021 2/2 having more or less similar allegation has been granted bail by a co-ordinate Bench of this Court, which is evident from the supplementary affidavit filed on behalf of the petitioner. A report was also called for and the same has been received. From perusal of the same, it appears that the record of the case is fixed for appearance of the accused. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his personal bond to the satisfaction of learned Additional District Judge-IIIrd, Gaya in connection with N.D.P.S. Case No. 05 of 2019 arising out of P.R. No. 04 of 2018-19 (Excise).

(Arvind Srivastava, J) brajesh/- U T