Bishundeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46231 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -NTPC KHAIRA District- AURANGABAD ====================================================== Bishundeo Singh, Son of Late Munarik Singh, resident of Village- Kanker, P.S.- Navinagar, (Badam O.P.), District- Aurangabad (Bihar). .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application has been filed for grant of regular bail to the petitioner in connection with N.T.P.C. Khaira P.S. Case No. 34/2017 for the offences punishable under Sections 20/22 of the N.D.P.S. Act.

The prayer for bail of the petitioner was earlier rejected vide order dated 11.01.2018 passed in Cr.Misc.No.63680 of 2017.

Patna High Court Cr.Misc. No.46231 of 2018 (3) dt.18-08-2018 Learned counsel for the petitioner submits that the petitioner being an old age person has remained in custody for over one year by now and the report received from the 1st Additional Sessions Judge-cum-Special Judge (NDPS Act), Aurangabad shows that the matter is still pending on a discharge petition filed on behalf of one of the accused. Learned counsel submits that considering the quantity of Ganja being 9 kg which was allegedly recovered from the possession of the petitioner and that the petitioner has remained in custody for over one year, he may be enlarged on bail.

Learned counsel for the State is present.

Considering the facts and circumstances of the case taking note of the quantity of Ganja allegedly recovered from the possession of petitioner and that the petitioner has remained in custody for over one year by now and there is no chance of conclusion of trial in near future the petitioner having no criminal antecedent is directed to be enlarged on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-I Special Judge (N.D.P.S.), Aurangabad, in connection with N.T.P.C. Khaira P.S. Case No.34 of 2017, subject to the conditions U/S 437(3) Cr.P.C. and subject to the further condition that the

Patna High Court Cr.Misc. No.46231 of 2018 (3) dt.18-08-2018 petitioner shall cooperate in the trial by putting his appearance before the learned court below on each and every date. Two consecutive defaults in putting appearance before the learned court below without any plausible reason would lead to cancellation of his bail.

(Rajeev Ranjan Prasad, J) Arvind/- U T