Md. Suleman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29202 of 2019 Arising Out of PS. Case No.-26 Year-2016 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MD. SULEMAN, Son of Manga, R/o House no 293, Village - Bhainsoda, P.O. - Nagalia, P.S. - Pakhbada, Tahsil - Sambhal, District - Moradabad (U.P.) ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
The Union of India through the Director, Narcotic Cell, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Bhardwaj, Advocate For the U.O.I.
:
Mr. Shail Kumari, C.G.C.
For the State :
Mr. Bal Mukund Prasad Sinha, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 20, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. About 239 Kg. of Ganja was recovered from a truck. The petitioner, who was cleaner of the truck, was also arrested from the said truck. Petitioner is in custody since 16.06.2016. In the past, prayer for bail of the petitioner was refused vide order dated 05.07.2017 passed in Cr. Misc. No. 20585 of 2017 (Annexure-1/1). Thereafter, the prayer was again refused vide order dated 31.10.2018 passed in Cr. Misc. No. 47687 of 2018 (Annexure-1/2) with direction to the learned trial
Patna High Court CR. MISC. No.29202 of 2019(3) dt.17-07-2019 2/2 Judge to expedite and concluded the trial within three months as the trial court has reported that the trial is at the fag end of the closure.
The recent report of the learned trial Judge dated 13th May, 2019 reveals that three prosecution witnesses are yet to be examined and the trial would take further six months time to conclude.
The petitioner is ready to cooperate with the trial. Considering the period already undergone and other facts of this case aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with DRI/LZU/PRU/718(ii)/ENQ26/2016, giving rise to Special Case No. 32 of 2016, 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. Both the bailors shall be resident of the territorial jurisdiction of the learned court below.
(Birendra Kumar, J) Kundan/- U T