Ram Vishwash Raut @ Ram Bishwas Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55036 of 2019 Arising Out of PS. Case No.-132 Year-2013 Thana- RAXAUL District- East Champaran ====================================================== RAM VISHWASH RAUT @ RAM BISHWAS RAUT S/o Late Maya Raut R/o village- Siswa, P.S.- Raxaul, District- East Champaran. ... ... Petitioner.

Versus

1.

The State of Bihar.

2.

The Union of India through the Additional Director, Narcotics Control Bureau, Patna, Bihar.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar No.7, Advocate.

For the State :

Mr. Akshay Lal Pandit, A.P.P.

For the Union of India :

Mr. Manoj Kumar Singh, C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned C.G.C. for the Union of India through Video Conferencing.

The petitioner seeks bail in connection with N.D.P.S. Case No.84 of 2013, arising out of Raxaul Police Station Case No.132 of 2013, registered under Sections 20, 22, 23 and 24 of the N.D.P.S. Act.

The accusation is that on seeing some persons in suspicious condition carrying the packets in their hands, the informant and other personnel of S.S.B. chased them. In that course, one person was apprehended, while others succeeded to flee away throwing the packets from their hands. The person, who was apprehended, disclosed his name as Ram Vishwash Raut (petitioner).

Patna High Court CR. MISC. No.55036 of 2019(5) dt.07-07-2020 2/2 On search, 7 packets, containing Ganja total weighing 150 kilograms, were recovered from there.

Learned counsel appearing on behalf of the petitioner submits that, earlier, the prayer of the petitioner for grant of bail was rejected twice, firstly vide order dated 24.03.2014 passed in Criminal Misc. No.52394 of 2013 and, secondly, vide order dated 13.02.2017 passed in Criminal Misc. No.3420 of 2017 by this Court. Further submission is that while the petitioner is in custody since 20.05.2013 but, due to present situation of pandemic COVID-19, there is no chance of conclusion of the trial of the petitioner in near future. The petitioner has no criminal antecedent.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, Motihari, East Champaran, in connection with N.D.P.S. Case No.84 of 2013, arising out of Raxaul Police Station Case No.132 of 2013. Out of the two sureties, one must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U