Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27073 of 2024 Arising Out of PS. Case No.-276 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Nitish Kumar Son of Lalan Singh @ Lalan Kumar Singh Resident of VillageRewaich, Police Station- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20(b)(ii)(c), 22, 23, 25 of the N.D.P.S Act. Earlier the prayer for bail of the petitioner was rejected vide order dated 22.08.2023 passed in Cr. Misc. No. 15470 of 2023 with an observation to the Trial Court to expedite the trial and conclude the same within the stipulated period of time, as mentioned in its report. In pursuance to the direction of this Court, a report with regard to the present stage of the trial has

Patna High Court CR. MISC. No.27073 of 2024(3) dt.20-07-2024 2/3 been received which has been kept at Flag-A. The report of learned Additional District & Sessions Judge-I-cumSpecial Judge, Vaishali at Hajipur dated 11.06.2024 suggests that out of seven charge-sheeted witnesses, five witnesses have been examined and 22.06.2024 is fixed for adducing the evidence of rest of the witnesses. Learned counsel for the petitioner has brought on record the order-sheet of the Court below which suggests that there is no progress for adducing the evidence which suggests that there is no likelihood of the trial being concluded in near future.

Considering the fact that there is no likelihood of the trial being concluded in near future and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Vaishali at Hajipur in connection with N.D.P.S (G.R) No. 40 of 2021, arising out of Bidupur P.S. Case

Patna High Court CR. MISC. No.27073 of 2024(3) dt.20-07-2024 3/3 No. 276 of 2021, subject to the conditions (i) that one of the bailors shall be close relative of the petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. (iii) that the petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of bail bonds of the petitioner.

(Sunil Kumar Panwar, J) Shageer/- U T