Dukhan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57161 of 2019 In CRIMINAL MISCELLANEOUS No.24906 of 2017 Arising Out of PS. Case No.-81 Year-2014 Thana- DUMARIAGHAT District- East Champaran ====================================================== DUKHAN MUKHIYA Son of Late Narayan Mukhiya Resident of Kuwarpur, P.S. - Pipra, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Adv For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-09-2019 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 414/34 of the Indian Penal Code and Sections 20,22,23 of the N.D.P.S. Act. Allegation is that 11 Kg of Charas was recovered from possession of the petitioner. Petitioner has stated on oath that he has got no criminal antecedent and he is in custody since 29.07.2014.

In the past, prayer for bail was refused on 31.10.2018 in Cr. Misc. No. 58360 of 2018 for the reason that the learned Trial Judge has informed that five prosecution

Patna High Court CR. MISC. No.57161 of 2019(2) dt.13-09-2019 2/2 witnesses have already been examined and the three remaining witnesses are likely to be examined in near future. Therefore, this Court directed that the trial be disposed of within six months, failing which liberty was allowed to the petitioner to renew the prayer. Trial has not concluded as yet. Hence, 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 Dumariya Ghat Police Station Case No.81 of 2014, N.D.P.S. Case No.49 of 2014, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the 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