Putu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35681 of 2015 Arising Out of PS.Case No. -48 Year- 2013 Thana -PAWNA District- BHOJPUR ====================================================== Putu Choudhary son of Dudhnath Chaudhary, Resident of village- Chakia (Bibiganj), P.S.- Ara Muffasil, District Bhojpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 18 of 2013 arising out of Pawana P. S. Case No. 48 of 2013 registered under Sections 8(c) and 20(b) of the N.D.P.S. Act. According to the prosecution case, the petitioner is alleged to be one of the occupants of the vehicle on which 35 kg. ganja was being transported.

The prayer for bail of the petitioner was twice rejected by this Court, vide orders dated 04.03.2014 and 07.11.2014. It is contended that the petitioner is in custody since 07.10.2013. Though the charge has been framed on 13th August, 2014, no witness has been examined on behalf of the prosecution

Patna High Court Cr.Misc. No.35681 of 2015 (4) dt.07-10-2015 2/2 so far.

A report has also been received from the trial Court which would reflect that despite efforts having been taken by the trial judge, the prosecution has failed to adduce any evidence during trial.

Learned counsel for the State has opposed the prayer for bail.

Regard being had to the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Bhojpur at Ara in N.D.P.S. Case No. 18 of 2013 arising out of Pawana P. S. Case No. 48 of 2013. (Ashwani Kumar Singh, J.) Kanchan/- U T