Anuj Kumar @ Anup Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1937 of 2018 Arising Out of PS.Case No. -295 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. ANUJ KUMAR @ ANUP KUMAR, Son of Sri Abhay Kishore Singh, Resident of Village/Mohalla- Anaith, Police Station- Ara Nawada in the district of Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Zonal Director, Narcotics Control Bureau, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2018 Earlier prayer for bail of the petitioner was dismissed vide order dated 28.02.2017 passed in Cr. Misc. No. 1925 of 2017, with direction to the Trial Court to expedite and conclude the trial within a period of nine months and the petitioner was given liberty that if the trial is not concluded within the aforesaid period, he may renew his prayer for bail.

Submission of learned counsel for the petitioner that nine months period has already elapsed and there is no substantive progress in the trial and petitioner has been in judicial custody since 04.08.2016 and there was no recovery from the possession of the petitioner.

Heard learned A.P.P. also.

Earlier a report was called for from the court below with regard to stage of trial, from which it appears that uptil now no witness has been examined in this case, as such, considering the facts and circumstances of the case and also the order dated

Patna High Court Cr.Misc. No.1937 of 2018 (3) dt.08-02-2018 2/2 28.02.2017 passed in Cr. Misc. No. 1925 of 2017, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VI, Bhojpur, Ara, in connection with Udwant Nagar P.S. Case No. 295 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court as and when required, failing which, the prosecution is at liberty to move for cancellation of bail bond of the petitioner.

(Vinod Kumar Sinha, J) sunil/- U T