Patna High CourtCR. MISC./34767/2017bail granted

Bhuneshwar Rai v. The State Of Bihar

2017-08-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34767 of 2017 Arising Out of PS.Case No. -209 Year- 2013 Thana -ATHMALGOLA District- PATNA ====================================================== Bhuneshwar Rai Son of Late Deonandan Rai, Resident of Village-Ganjpar, P.S. Athmalgola, District-Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 20(B) (ii) and 22 of N.D.P.S. Act.

Petitioner is in jail custody since 01.04.2015 on the accusation of recovery of 45 kg. ganja from his house but admittedly, petitioner was neither caught on the spot nor the said recovery was made from his conscious possession. Earlier the prayer for bail of the petitioner was twice rejected by this court but while rejecting the prayer for bail of the petitioner on 09.11.2016 in Cr. Misc. No. 34763 of 2016, this court directed the trial court to conclude the trial of the petitioner

Patna High Court Cr.Misc. No.34767 of 2017 (2) dt.09-08-2017 2/2 within six months but the impugned order dated 29.05.2017 passed by learned Additional Sessions Judge-IX, Patna goes to show that up till now, only two prosecution witnesses could be examined and still near about twenty prosecution witnesses are left to be examined. Petitioner does not have any criminal antecedent and, therefore, it does not reflect from the record that if the petitioner is released on bail, he shall indulge himself in similar type of offence.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge N.D.P.S.-cumAdditional Sessions Judge-IX, Patna in connection with Special Case No. 67(A) of 2013 arising out of Athmalgola P.S. Case No. 209 of 2013.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T