Patna High CourtCR. MISC./17588/2024allowed

Wasim Ansari @ Md. Wasim v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17588 of 2024 Arising Out of PS. Case No.-375 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Wasim Ansari @ Md. Wasim S/O Sakur Ansari @ Sukar Ansari R/O VillageSujaitpur @ Sujayatpur, P.S- Dhansoi, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Excise Case No. 375 of 2019 corresponding to NDPS Case No. 44 of 2019 for the offence punishable under sections 20(b) of the Narcotics Drugs and Psychotropic Substance Act and Section 56(b) of the Bihar Prohibition and Excise Act which was earlier thrice rejected vide order dated 18.01.2020 passed in Cr. Misc. No. 86704 of 2019, secondly on 4.8.2021 passed in Cr. Misc. No. 20119 of 2021 and lastly it was rejected by this Court on 13.3.2023 passed in Cr. Misc. No. 41514 of 2022 with a direction to trial court to conclude the trial within a period of six months failing

Patna High Court CR. MISC. No.17588 of 2024(3) dt.26-04-2024 2/3 which, the petitioner was granted liberty to renew his prayer for bail.

4. In compliance of order dated 13.3.2024, a progress report dated 18.3.2024 has been received from which it appears that out of five charge-sheeted witness, only one witness has been examined up till now and it will take six months to conclude the trial.

5. Learned counsel for the petitioner submits that trial has not been concluded as yet and there is no hope of concluding the trial in near future. He further submits that petitioner is languishing in judicial custody since 28.6.2019.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge XII, Gaya in connection with NDPS Case No. 44 of 2019 with following conditions:

(1) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall

Patna High Court CR. MISC. No.17588 of 2024(3) dt.26-04-2024 3/3 be cancelled by the Court below.

(ii) If the petitioner tampers with the evidence or threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the court below.

(Sunil Kumar Panwar, J) sushma/- U