Ramji Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35642 of 2020 Arising Out of PS. Case No.-423 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Ramji Mandal aged about 39 years Son Of Gobardhan Mandal Resident Of Village - Belha, Police Station - Ghoghardih, District - Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Kumar Singh, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code and under sections 8,20B(ii) (b), 22, 25 and 29 of the NDPS Act.

Earlier prayer for bail of the petitioner wasw refused by a bench of this Court vide order dated 18.12.2019 with liberty to renew the prayer for bail if the trial is not concluded within six months.

Petitioner has renewed the prayer for bail on the ground that even after lapse of more than a year trial has not been concluded. Petitioner is in custody since 14.10.2016 and similarly situated other co-accused persons have already been allowed bail by different benches of this Court as detailed in para 14 of the bail petition Trial court's report dated 9.1.2021 reflects that the case is fixed for prosecution evidence on 27.1.2021. In the facts of the case, prayer for bail of the

Patna High Court CR. MISC. No.35642 of 2020(3) dt.29-01-2021 2/2 petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge IV Gaya in NDPS Case No.3 of 2017/Gaya Police Station Case No. 423 of 2016, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T