Raghunath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10307 of 2018 Arising Out of PS.Case No. -65 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Raghunath Rai S/o Banwari Rai, R/o Village- Jagdishpur, P.S.- Raghopur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan, Adv For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-06-2018 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 & 22 of the NDPS Act.

This is the second attempt of the petitioner for bail. Allegation is that 15 Kg of Ganja was recovered from the dickey of the vehicle of the petitioner. Petitioner is in custody since 10.08.2016. Petitioner has stated on oath that he has got no criminal antecedent.

Earlier, this Court had refused prayer for bail to the petitioner vide Annexure-1 on 21.03.2017 with direction to the learned trial court to conclude the trial within nine months and in the event of non-conclusion of

Patna High Court Cr.Misc. No.10307 of 2018 (4) dt.20-06-2018 2/2 trial, the petitioner was allowed liberty to renew the prayer for bail.

The first report of the learned Trial Judge dated 24.03.2018 revealed that only one P.W. was yet to be examined and the trial was likely to be concluded very soon. Thereafter, by order dated 11.04.2018, this matter was adjourned to be listed after three months and again a report was called for. The report dated 25.05.2018 would reveal that the remaining one witness has not been examined as yet.

Considering the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Raghopur Police Station Case No.65 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T