Angad Raut @ Dhaman Raut v. The Union Of India Through The Secretary, Ministry Of Home, Narcotic Drugs Control Bureau,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46270 of 2023 Arising Out of PS. Case No.-369 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Angad Raut @ Dhaman Raut Son of Mishri Raut Resident of VillageSursand, Ward No. 18, P.S. Sursand, District-Sitamarhi ... ... Petitioner/s
Versus
1.
The Union of India through the Secretary, Ministry of Home, Narcotic Drugs Control Bureau, New Delhi 2.
The State of Bihar through the Department of Narcotic Drugs Control Bureau, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar, Advocate For the Opposite Party/s :
Mr. K.N Singh (Asg) For Union of India :
Mr. Manoj Kumar Singh (C.G.C.) Mr. Ankit Kumar Singh (JC) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
2. This is the second prayer of bail on behalf of petitioner after rejection of his earlier prayer of bail through Cr. Misc. No. 32759 of 2022 vide order dated 14.11.2022 with a liberty to renew the prayer of bail after six months.
3. It is submitted by learned counsel appearing on behalf of the petitioner that while rejecting the earlier prayer of bail perhaps the seizure list was not taken into consideration and if it is so then certainly for any weight of plastic wrapper the quantity of contraband i.e. Charas would come down to 01 Kg, less than commercial quantity and as such the rigorous provisions
Patna High Court CR. MISC. No.46270 of 2023(2) dt.26-07-2023 2/2 of Section 37 of N.D.P.S. Act not appears applicable in present case as it was observed earlier. It is submitted that despite specific direction, matter is listed for appearance of accused person, where trial is a remote aspect.
4. Learned counsel appearing on behalf of the Union of India fairly conceded the fact that by taking note of any weight for plastic wrapper, the quantity of contraband be certainly come down to 01 Kg, which is commercial quantity for Charas.
5. Considering the facts and circumstances as mentioned above, as trial was not concluded within specified period of time as directed and as such petitioner cannot be kept behind bar for indefinite period of time, accordingly, above named petitioner is directed to be released on bail in connection with N.D.P.S. Trial No. 78/2022 arising out of Bajpatti P.S. Case No. 369 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Sitamarhi/ concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.
(Chandra Shekhar Jha, J) Archana/- U T