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Patna High CourtCR. MISC./75361/2024allowed

Gulab Bind v. The State Of Bihar

2025-01-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75361 of 2024 Arising Out of PS. Case No.-283 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Gulab Bind, S/o- Late Dingar Bind, Resident of Vill- Shivpur ,PS- Chainpur District- Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Pathak, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his paryer for grant of regular bail in connection with Chainpur P.S. Case No.283 of 2022 registered for the offence punishable under Sections 8(C ), 20(b) (ii)C and 29 of the N.D.P.S. Act which was earlier two times rejected vide order dated 12.07.2023 passed in Cr. Misc. No. 14574 of 2023 and vide order dated 14.05.2024 passed in C. Misc. No. 9613 of 2024 by Co-ordinate Bench of this Court.

3. Learned counsel appearing on behalf of the petitioner has submitted that vide order dated 14.05.2024 passed in Cr. Misc. 9613 of 2024, the Co-ordinate Bench directed the trial Court to conclude the trial within the stipulated period of time positively as mentioned in its report failing which the petitioner would be at liberty to renew his prayer for bail. From the earlier para of this

Patna High Court CR. MISC. No.75361 of 2024(3) dt.21-01-2025 2/2 order, it transpires that trial Court had given a report on 24.02.2024 that the trial would be concluded within six months. From then, more than six months have elapsed. The learned counsel for the petitioner has brought to the notice of this Court that the order of the trial Court dated 10.09.2024 wherein it is stated that till today, no witness has been examined. Petitioner is languishing in judicial custody since 06.11.2022 and trial has still not been started.

4. The application for bail is opposed by learned APP for the State.

5. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-I-cum-Special Judge, Kaimur at Bhabhua in connection with Chainpur P.S. Case No. 283 of 2022. (Ashok Kumar Pandey, J) lata/- U T