Md Talib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18858 of 2023 Arising Out of PS. Case No.-585 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Md Talib, Son Of Md Kaleem Shah Resident Of Village- Hasanpur Osti, Ps - Mahua, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Rina Sinha For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The learned counsel for the petitioner submits that petitioner was granted liberty to move before the learned trial Court in the event, if the trial is not concluded within a period of nine months by order dated 18.05.2022 in Cr. Misc. No.24276 of 2022.

The learned counsel for the petitioner submits that since trial was not concluded within the stipulated time by the aforesaid order, as such, the petitioner moved before the learned trial Court seeking bail, but the same was rejected without appreciating the fact in its correct perspective. It is next submitted that though charges have been framed, but till date, not a single witness has been examined and

Patna High Court CR. MISC. No.18858 of 2023(2) dt.12-04-2023 2/2 similarly situated co-accused Md. Sahil has been granted bail by order dated 09.11.2022 in Cr. Misc. No.59174 of 2022 by this Court.

The learned Additional P. P. opposes the bail application.

Considering the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur in connection with N.D.P.S. Case No.101 of 2020 arising out of Bidupur P. S. Case No.585 of 2020.

The application stands allowed.

However, in the event, if the trial Court comes to a conclusion that the petitioner after his release on bail is trying to delay the trial in any manner, the learned trial Court shall forthwith cancel his bail bonds after recording reasons. (Satyavrat Verma, J) vikash/Adnan U T