Patna High CourtCR. MISC./37308/2024bail granted

Ramesh Kumar v. The State Of Bihar

2024-05-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37308 of 2024 Arising Out of PS. Case No.-47 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== Ramesh Kumar Son of Chandeshwar Rai R/o Village - Meerampur, P.S.- Raghopur, Dist.- Vaishali, Pin Code - 844508 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sadashiv Tiwari, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-05-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise (N.D.P.S) Case no.47 of 2021 registered under sections 8 and 20(b)(ii)(c) of the N.D.P.S. Act.

3. As per the prosecution case, 500 kgs of ganja was recovered from a truck owned by this petitioner. 4 It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 3.11.2023 (Annexure-1A) passed in Cr. Misc. no. 58931 of 2023 giving liberty to the petitioner to renew his prayer for bail after six months or after framing of charge, whichever is later. Referring to the order dated 16.1.2024

Patna High Court CR. MISC. No.37308 of 2024(2) dt.17-05-2024 2/2 contained in Annexure-3, it is submitted that charge has been framed against the petitioner. The petitioner is in custody since 12.9.2021 and undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, liberty granted to the petitioner by the aforesaid order of rejection dated 3.11.2023 and charge having been framed in the learned trial Court together with the petitioner having remained in custody for more than 2 years 8 months since 12.9.2021, the Court directs the petitioner to be enlarged on bail in connection with Excise (NDPS) Case no. 47 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS, Gaya.

(Partha Sarthy, J) Bibhash U T