Rajdeo Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26289 of 2019 Arising Out of PS. Case No.-166 Year-2014 Thana- BARACHATTI District- Gaya ====================================================== RAJDEO PRASAD Son of Late Ratan Mahto Resident of Village - Dhamna, P.S.- Barachatti, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Barachatti P.S. Case No. 166 of 2014 dated 25.04.2014 instituted for the offence under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 arising out of NDPS Case No. 4/17.

On secret information to the police, the village of the petitioner was raided and from his house, 48 kgs. Ganja was recovered.

The petitioner is in custody since 06.12.2016 and till date, no witness has been examined which appears from report sent by the court below which has been kept at 'Flag-A'. It further appears from the records that along with the petitioner, one Munni Prasad

Patna High Court CR. MISC. No.26289 of 2019(4) dt.17-08-2019 2/2 also was made accused in this case with the allegation of recovery of 32 kgs. Ganja from his house. He has now been granted bail by a bench of this Court vide Cr. Misc. No. 26610 of 2019 on 11.07.2019. Other accused persons of this case also have been granted bail by different benches of this Court.

Regard being had to the period of custody and there being no chance of trial been concluded in near future, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 1st, Gaya in connection with Barachatti P.S. Case No. 166 of 2014 arising out of NDPS Case No. 4/17.

However, the petitioner shall participate in the trial and his unauthorized absence from the trial proceedings for three consecutive occasions would entitle the prosecution to make an application for cancellation of his bail.

(Ashutosh Kumar, J) krishna/- U T