Shekh Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17442 of 2018 Arising Out of PS.Case No. -42 Year- 2016 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Shekh Naushad S/o Late Sheikh Gaffar, R/o Village- Mangalwara Tola Rahta, P.S.- Shrinagar, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal, Adv For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act.

From the house of this petitioner, more than 10 Kg of Ganja was recovered by the police.

Earlier, this Court had refused prayer for bail in Cr.Misc.No.53570 of 2016 vide Annexure-1 with a direction to the learned Trial Judge to expedite the trial as well as liberty to the petitioner to renew the prayer, if the trial is not concluded within one year from the date of receipt/production of a copy of the order by the learned court below.

Patna High Court Cr.Misc. No.17442 of 2018 (3) dt.09-05-2018 The petitioner is in custody since 26.08.2016 and has stated on oath that he has got no criminal antecedent. Recovery was not from the conscious possession of the petitioner.

The report of the learned Trial Judge would reveal that charges were framed in this case on 22.11.2016 and thereafter only four prosecution witnesses have been examined up-till-now.

Considering the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shrinagar Police Station Case No.42 of 2016, Special Case No.21 of 2016 subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T