The High Court granted bail to a petitioner in a narcotics trial who had been in custody since 2010, noting the inability to conclude the trial and the existence of similar cases against co-accused.
Petitioner released on bail on Rs. 10,000/- with two sureties of the like amount, subject to attending trial.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.9367 of 2014 (6) dt.23-07-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.9367 of 2014
Arising Out of PS.Case No. -204 Year- 2010 Thana -BARHARA District- BHOJPUR ====================================================== 1. Shambhu Singh @ Shambhu Nath Singh Son Of Bhola Singh R/O Village Akawana, P.S. Barhara, Distt-Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Tiwary, Adv. For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 6 23-07-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 05.08.2010 in a case registered for the offences punishable under Sections 8, 20B, 22, 27 of the N.D.P.S. Act and his prayer for bail was earlier rejected several times but again this bail petition has been filed on the ground that up till now trial of the petitioner could not be concluded and having more or less similar allegation, several co-accused persons have already been granted either anticipatory bail or regular bail by different Benches of this Court. It is further contended by him that according to prosecution
Patna High Court Cr.Misc. No.9367 of 2014 (6) dt.23-07-2014
case itself, nothing was recovered from conscious possession of the petitioner and he was caught at the spot while trying to flee from a Bolero jeep.
The learned trial court has reported that out of 15 charge sheeted witnesses, up till now only 8 prosecution witnesses could be examined.
The report of trial court reflects that there is no possibility of conclusion of trial of the petitioner in near future and, therefore, with an intent to maintain the parity of justice, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, Bhojpur at Ara/concerned court in connection with N.D.P.S. Case No. 12 of 2010 arising out of Barhara P.S. Case No. 204 of 2010 subject to condition that he shall attend the trial court on each and every date in person for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner and furthermore, if any new case of similar nature is lodged
Patna High Court Cr.Misc. No.9367 of 2014 (6) dt.23-07-2014
against the petitioner, the bail of the petitioner in this case
must be cancelled by the trial court.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
U T
1 issue framed by the court
Whether the petitioner in an undertrial case, pending trial for a significant duration, should be released on bail.
Shambhu Singh @ Shambhu Nath Singh
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
