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Patna High CourtCR. MISC./18049/2020allowed

Rajendra Gupta v. The State Of Bihar

2020-09-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18049 of 2020 Arising Out of PS. Case No.-50 Year-2017 Thana- CHHATAUNI District- East Champaran ====================================================== RAJENDRA GUPTA Son of Ram Bahadur Sah Resident of VillageHarnarayna, P.S.- Pipra, District- East Chmparan, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-09-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with NDPS Case No.17 of 2017 (Chhatauni) P.S. Case No. 50 of 2017 for the offence under Sections 20, 22, and 17A(c) of the NDPS Act.

Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had twice been rejected by this Court vide order dated 16.04.2018 passed in Cr. Misc. No. 5305 of 2018 and also vide order dated 21.08.2019 passed in Cr. Misc. No.29133 of 2019 with direction to expedite and try to conclude the trial preferably within a year and six months respectively but the

Patna High Court CR. MISC. No.18049 of 2020(3) dt.04-09-2020 2/2 trial of this case has not been concluded as yet despite the consequent directions of this Court and the petitioner has been rotting in judicial custody from the last three and half years (since 22.02.2017).

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge/Special Judge, East Champaran, Motihari in connection with NDPS Case No. 17 of 2017 arising out of Chhatauni P.S. Case No. 50 of 2017 subject to the condition that 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. (Arvind Srivastava, J) Brajesh/- U T