Patna High CourtCR. MISC./56092/2024bail granted

Jitendra Kumar @ Mukhiya v. The State Of Bihar

2024-10-04Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56092 of 2024 Arising Out of PS. Case No.-287 Year-2020 Thana- DHANARUA District- Patna ====================================================== Jitendra Kumar @ Mukhiya Son of Umesh Mahto @ Umesh Prasad Resident Of Village- Rewa, P.S.- Masaurhi, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-10-2024 Heard Mr. Madhukar Anand, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 05.10.2020, in connection with Special Case No. 146 of 2020 arising out of Dhanarua P.S. Case No. 287 of 2020, F.I.R. dated 04.10.2020 registered for the offences punishable under Sections 20(b)(ii)(c) of the N.D.P.S. Act.

3. Earlier the bail petitions of the petitioner was rejected vide orders dated 09.05.2022, 16.08.2023, 26.04.2024 passed in Cr. Misc. No. 59468 of 2021, Cr. Misc. No. 2799 of 2023 and Cr. Misc. No. 29951 of 2024 respectively.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely

2/4 implicated in the present case. He further submits that from perusal of the F.I.R. it appears that altogether 60.153 Kgs. of ganja has been recovered from the possession of the petitioner and other co-accused persons. He further submits that the charge has been framed against the petitioner on 18.02.2021 but till date the trial is not in progress and apart from that coaccused person namely Sachidanand Thakur @ Satish has been granted bail vide order dated 22.08.2022 by a Coordinate Bench of this Court in Cr. Misc. No. 40792 of 2021. He further submits that the petitioner is in custody since 05.10.2020 more than four years.

5. Vide order dated 02.08.2024, a report was called for with regard to the stage of the trial. The report of the learned Trial court dated 23.09.2024 reveals that out of seven chargesheeted witnesses, only three witnesses have been examined as yet.

6. Learned counsel for the petitioner submits that in view of the report of the learned Trial court, the trial is not concluded in near future and the petitioner is in custody since 05.10.2020 more than four years.

7. The learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for

3/4 bail of the petitioner.

8. Considering the aforesaid facts and circumstances of the case and the fact that co-accused person has been granted bail by a Coordinate Bench of this Court as well as report of the learned Trial Court and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Exclusive Special Court No. 1, NDPS Act, Patna in connection with Special Case No. 146 of 2020 arising out of Dhanarua P.S. Case No. 287 of 2020, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at

4/4 any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T