Santosh Kumar Patel @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34253 of 2019 Arising Out of PS. Case No.-13 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== SANTOSH KUMAR PATEL @ SANTOSH KUMAR Son of Babban Prasad, Resident of Village- Baniyapur, Police Station- Daudpur, District- Saran (Chapra).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Union of India through the Intelligence Officer, Narcotics Control Bureau, Patna Zonal Unit, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Pandey, Adv For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP For theVigilance : Mr. Awadhesh Kumar Pandey, Sr.C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 20(b)(ii)(C), 23(C), 25, 27A, 29 of the N.D.P.S. Act.

Petitioner is driver of the truck from which commercial quantity of Ganja was recovered. Petitioner is in custody since June 2017.

Earlier prayer for bail was refused on 25.06.2018 vide order at Annexure-1 with direction to the learned Trial Judge to expedite the trial.

Patna High Court CR. MISC. No.34253 of 2019(5) dt.08-01-2020 2/2 The report of the learned Trial Judge dated 28.09.2019 reveals that only one prosecution witness was examined in this case on 18.07.2019. Thereafter no witness has turned up nor the Special Public Prosecutor was found cooperating with the trial.

Considering the period already undergone by the petitioner and no chance of conclusion of the trial in near future, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with N.D.P.S. Case No.13 of 2017 (N.C.B. Crime No.12 of 2017), subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T