Narendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88933 of 2024 Arising Out of PS. Case No.-56 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Narendra Kumar S/o- Siyasaran Mandal Resident of Village- Gorhari Ward No 17, PS-Parihar District- Sitamarhi Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in custody in a case registered for the offence punishable under Sections 20(b)(ii)(B) and 29 of the NDPS Act and Sections 25(1-B)(a), 26 and 35 of the Arms Act. Allegation against the petitioner is to have in possession of total 1.15 kg. of ganja.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 26285 of 2024. He next submits that this Court has observed that 'trial Court is directed to conclude the trial within a period of 06 (six) months

Patna High Court CR. MISC. No.88933 of 2024(2) dt.14-02-2025 2/3 from the date of receipt of a copy of this order and if the trial could not be concluded within specified period, the petitioner would be at liberty to renew the prayer for bail of the petitioner before the learned trial Court itself and learned trial Court shall consider the prayer for bail of the petitioner' and from perusal of the impugned order dated 22.10.2024, it appears that the trial is not concluded in near future and there is no regular Special PP for NDPS Act in this judgeship and the I/C Special PP is not taking interest in producing the witnesses, so can't comply Hon'ble Court's order and petitioner is in custody since 24.01.2024 and petitioner has got clean antecedent as stated in para-3 of the petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances as well as the fact that there is no regular Special PP for NDPS Act in this Judgeship as mentioned in the impugned order and petitioner has got clean antecedent, so I am inclined to grant bail to the petitioner.

Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.88933 of 2024(2) dt.14-02-2025 3/3 satisfaction of learned Special Judge-cum-District & Sessions Judge, Sitamarhi in connection with Sursand P.S. Case No. 56 of 2024.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T