Ravindra Rai @ Rabindra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11379 of 2019 Arising Out of PS. Case No.-138 Year-2016 Thana- SALIMPUR District- Patna ====================================================== Ravindra Rai @ Rabindra Rai Son of Late Shiv Sharan Rai R/o villageNayatola Sabnima, P.S- Athamalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2019 Earlier prayer for bail of the petitioner was rejected repeatedly vide order dated 27.03.2017 passed in Cr. Misc. No. 13951 of 2017, vide order dated 05.07.2017 passed in Cr. Misc. No. 30329 of 2017, vide order dated 02.08.2017 passed in Cr. Misc. No. 35383 of 2017 and vide order dated 20.06.2018 passed in Cr. Misc. No. 29612 of 2018.

The petitioner seeks regular bail in connection with Special Case No.80 of 2016 arising out of Salimpur P.S. Case No. 138 of 2016, registered for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act.

Allegation against the petitioner is of recovery of 32 kilogram and 820 gram of ganja and the petitioner and other accused persons were arrested there.

Submission of learned counsel for the petitioner is that other co-accused person having similar allegation has been granted bail by a Coordinate Bench of this Court vide order dated 21.06.2017

Patna High Court CR. MISC. No.11379 of 2019(3) dt.27-03-2019 2/2 passed in Cr. Misc. No. 21057 of 2017. The petitioner is in judicial custody since 20.10.2016.

Heard learned A.P.P. also.

Having heard both sides and perused the record, from which it appears that though charge has been framed, but not a single witness has been examined. It further appears that earlier considering the fact that other accused person has been granted bail, the prayer for bail of the petitioner was rejected, but now considering the fact that the petitioner is in custody for about one and half year and no witness has been examined in this case and there is no chance of concluding the trial in near future and the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Patna, in connection with Special Case No.80 of 2016 arising out of Salimpur P.S. Case No. 138 of 2016, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) Amjad/- U T