Patna High CourtCR. MISC./31247/2021bail granted

Aditya Raj @ Adtiya Raj v. The State Of Bihar

2021-09-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31247 of 2021 Arising Out of PS. Case No.-307 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Aditya Raj @ Adtiya Raj Son Of Kartik Prasad @ Karthik Prasad Resident Of Village - Ramgarhia (Ramgadhiya), Police Station - Nagar And District - Bhojpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.AK Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2021 Heard learned counsel for the petitioner and the State. Earlier prayer for bail of the petitioner was refused by this Court vide order dated 29.1.2020, passed in Cr.Misc.No.68139/2019 .

From perusal of the trial court's report dated 28.8.2021 it appears that three witnesses have already been examined so far and the case is pending for examination of remaining witnesses.

Learned counsel for the petitioner submits that the trial court in its earlier report dated 2.1.2020 had stated that the trial is likely to be concluded within ten months but till date there is no progress in the trial. Petitioner is in custody since 14.8.2016.

Patna High Court CR. MISC. No.31247 of 2021(3) dt.22-09-2021 2/2 Considering the period of incarceration of the petitioner and the fact that no further progress has been made in trial since the last order of rejection dated 29.1.2020, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III, Gaya in NDPS Case No. 4 of 2017 (03/2019) on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T