Tuntun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58998 of 2024 Arising Out of PS. Case No.-499 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== 1.

Tuntun Paswan S/o- Late Arjun Paswan Resident Of Village - Damarbar P.s - Kunda District - Chatra (Jharkhand) 2.

Mukesh Bharti son of Late Jugal Bharti Resident Of Village - Damarbar P.s - Kunda District - Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Tiwary, Advocate For the State :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This is the second attempt for bail of the petitioners as earlier such prayer was rejected by order dated 01.02.2024 in Cr. Misc. No. 83308 of 2023.

3. The petitioners seek bail in connection with NDPS Case No. 24 of 2023 arising out of Gaya Excise P.S. Case No. 499 of 2023 registered for the offence punishable under Sections 18, 20 and 22 of the NDPS Act.

4. As per the prosecution case, 160 Kg of doda has been recovered from a vehicle. The petitioners who were caught with the recovered articles are in jail since 16.03.2023.

5. From the report of the trial Court dated 05.10.2024, it appears that there are four witnesses in the charge-sheet but none of them has been examined.

Patna High Court CR. MISC. No.58998 of 2024(3) dt.26-10-2024 2/2

6. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.

7. Considering the delay in the trial and the period of custody, this application is allowed.

8. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Gaya in connection with NDPS Case No. 24 of 2023 arising out of Gaya Excise P.S. Case No. 499 of 2023, subject to the conditions that the petitioners will co-operate in the trial and one of the bailors should be the blood relative of the petitioners.

9. The petitioners will also mark attendance in Kunda Police Station District- Chatra (Jharkhand) on every Sunday of the month. Any default in appearance at the Police Station would be result in cancellation of bail bonds of the petitioners.

10. Let a copy of this order be communicated to the Superintendent of Police, Chatra forthwith through FAX or email for its compliance. (Sandeep Kumar, J) P. Kumar U T