Patna High CourtCR. MISC./45125/2019allowed

Surjeet Das v. The State Of Bihar

2019-07-23Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45125 of 2019 Arising Out of PS. Case No.-381 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Surjeet Das S/o Adhir Kumar Das R/o village- Muhabari (Bisalgarh), P.S.- Bisalgarh, District- Shipahijala, State- Tripura 2.

Swpna Chakravarti S/o Late Gopal Chakravarti Resident of Kutai, P.S.- Amwasa, District- Dhalai, State- Tripura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioners are in custody in connection with Special Case No. 8 of 2017 arising out of Khagaria Town (Muffasil) P.S. Case No. 381 of 2017 for the offenses under Sections 8, 20(B) (ii)(c), 25/29 of the Narcotic Drugs and Psychotropic Substances Act.

Earlier the petitioners had approached this Court for regular bail in Cr. Misc. No. 15754 of 2018 which was rejected on 26.03.2018 with observation that the court below shall expedite the trial and conclude the same within a year after framing of the charge.

Patna High Court CR. MISC. No.45125 of 2019(2) dt.23-07-2019 2/2 Learned counsel for the petitioners submits that charge was framed on 16.1.2018 but till date not a single witness has been examined. The petitioners have no criminal antecedent.

Considering the fact that this court had directed the trial court to expedite the trial and conclude the same within one year after framing of charge but there is no progress in trial, the court is inclined to grant bail to the petitioners. Let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge 3rd, Khagaria in connection with Special Case No. 8 of 2017 arising out of Khagaria Town (Muffasil) P.S. Case No. 381 of 2017.

(Anil Kumar Upadhyay, J) spandey/- U T