Sandeep Singh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64371 of 2021 Arising Out of PS. Case No.-55 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== SANDEEP SINGH YADAV Son of Ram Singh @ Ram Singh Yadav Resident of Village - Gangapur, P.S.- Bindki, District - Fatehpur (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20 and 22 of the N.D.P.S. Act.

As per the prosecution case, 11 kgs of ganja was recovered.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 14.3.2019 (Annexure-1) and again by order dated 13.11.2020. Inspite of more than 1 year 5 months having passed since last rejection and the petitioner having remained in custody for more than 4 years since 19.1.2018, there is no progress in the learned trial court and 4 out of 8 chargesheet

Patna High Court CR. MISC. No.64371 of 2021(4) dt.10-05-2022 2/3 witnesses still remain to be examined. Co-accused Ashu Sah has been enlarged on bail vide order dated 26.10.2021 (Annexure3). Heard learned APP for the State.

A report was called for from the learned trial court. As per the report received, 4 out of 8 chargesheet witnesses still remain to be examined.

Having heard learned counsel for the parties and taking into consideration the petitioner having remained in custody for 4 years 3 months and grant of bail to above named co-accused Ashu Sah, the petitioner is directed to be enlarged on bail in connection with Barachatti P.S. Case no. 55 of 2018 (N.D.P.S. Case no. 5 of 2018) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge IV, Gaya.

It is directed that in view of the trial having proceeded, the petitioner shall remain physically present in court on each date of the case/trial and shall cooperate in the trial. In case the petitioner is absent on any date for reasons not to the satisfaction of the learned trial court or is not cooperating in the trial, the learned trial court may cancel the bail bond of

Patna High Court CR. MISC. No.64371 of 2021(4) dt.10-05-2022 3/3 the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J) Spd/- U T