Patna High CourtCR. MISC./81965/2023allowed

Raju Tiwari v. The State Of Bihar

2024-01-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81965 of 2023 Arising Out of PS. Case No.-102 Year-2016 Thana- DUMARIAGHAT District- East Champaran ====================================================== Raju Tiwari S/O Subhash Tiwari @ Subhash R/O Village- Banjara Patti, P.SKasaiya, Distt.- Kushinagar, Uttar Pradesh. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in a case registered for the offence punishable under sections 414/34 of the Indian Penal Code and Sections 20B, 22, 23 and 24 of the NDPS Act, which was earlier rejected by order dated 17.2.2023 passed in Cr. Misc. No. 57514 of 2022 with a direction to trial court to conclude the trial within a period of six months failing which, the petitioner will be at liberty to renew his prayer for bail.

4. In compliance of order dated 15.12.2023, a progress report dated 2.1.2024 has been received from which it appears that trial is likely to be concluded within a period of six

Patna High Court CR. MISC. No.81965 of 2023(3) dt.19-01-2024 2/2 months.

5. Learned counsel for the petitioner submits that neither the trial has been concluded as yet nor there is any hope to conclude the trial is near future. He further submits that petitioner is languishing in judicial custody since 30.09.3016.

6. Having heard learned counsel for the parties and considering the period of custody of the petitioner, 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 Sessions Judge XIV-cum-Special Judge NDPS, East Champaran at Motihari in connection with NDPS Case No. 63 of 2016 arising out of Dumariyaghat PS Case No. 102 of 2016. (Sunil Kumar Panwar, J) sushma/- U