Nitish Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Nitish Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Vaishali at Hajipur in connection with N.D.P.S (G.R) No. 40 of 2021, subject to conditions of a close-relative bailor, good-behaviour bond, undertaking against criminal activity, and regular cooperation/appearance before the Court.

Issue for consideration

Whether the petitioner, languishing in custody for offences under Sections 20(b)(ii)(c), 22, 23, 25 of the N.D.P.S Act, is entitled to release on bail given the absence of progress in the trial, the lack of likelihood of the trial concluding in the near future, and the period already spent in custody.

Court's answer

On the material before the Court (trial court's report and the order-sheet produced by counsel), the trial showed no progress in adducing evidence and there was no likelihood of the trial being concluded in the near future.

Ratio / Principle

In view of the unlikelihood of early completion of the trial and the period spent in custody, the petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Vaishali at Hajipur, in connection with N.D.P.S (G.R) No. 40 of 2021.

Key takeaways

Release was made subject to conditions: (i) one bailor to be a close relative of the petitioner; (ii) petitioner and bailors to execute a bond regarding the petitioner's good behaviour, with an undertaking not to indulge in any criminal activity, violation leading to cancellation; and (iii) the petitioner to cooperate in the case and remain present on each and every date, absence on two consecutive dates without sufficient cause also leading to cancellation of bail bonds.ratio¶25

Detailed headnote1 paragraphs

Bail granted - NDPS case (Sections 20(b)(ii)(c), 22, 23, 25 of the N.D.P.S Act), arising out of Bidupur P.S. Case No. 276 of 2021 / (G.R) No. 40 of 2021, Vaishali. The petitioner's earlier bail prayer had been rejected on 22.08.2023 in Cr. Misc. No. 15470 of 2023 with a direction to the Trial Court to expedite the trial. On a fresh application, the trial court's report dated 11.06.2024 showed five of seven charge-sheeted witnesses examined, while the order-sheet placed on record showed no further progress in evidence. Holding there was no likelihood of the trial concluding in the near future and noting the period spent in custody, the High Court (Sunil Kumar Panwar, J) directed release on bail bonds of Rs. 10,000/- with two like sureties, subject to conditions: one bailor a close relative, good-behaviour bond and undertaking against criminal activity, violation entailing cancellation, and cooperation with presence on every date, absence on two consecutive dates without sufficient cause also leading to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27073 of 2024

Arising Out of PS. Case No.-276 Year-2021 Thana- BIDUPUR District- Vaishali

======================================================

Nitish Kumar Son of Lalan Singh @ Lalan Kumar Singh Resident of VillageRewaich, Police Station- Bakhtiyarpur, District- Patna

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Anil Kumar Singh For the Opposite Party/s : Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

3 20-07-2024 Heard learned counsel for the petitioner and

learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under

Sections 20(b)(ii)(c), 22, 23, 25 of the N.D.P.S Act.

Earlier the prayer for bail of the petitioner was

rejected vide order dated 22.08.2023 passed in Cr. Misc. No. 15470 of 2023 with an observation to the Trial Court to expedite the trial and conclude the same within

the stipulated period of time, as mentioned in its report.

In pursuance to the direction of this Court, a

report with regard to the present stage of the trial has

Patna High Court CR. MISC. No.27073 of 2024(3) dt.20-07-2024 2/3

been received which has been kept at Flag-A. The report of learned Additional District & Sessions Judge-I-cum-

Special Judge, Vaishali at Hajipur dated 11.06.2024 suggests that out of seven charge-sheeted witnesses, five witnesses have been examined and 22.06.2024 is fixed for adducing the evidence of rest of the witnesses.

Learned counsel for the petitioner has brought on record the order-sheet of the Court below which suggests that there is no progress for adducing the evidence which suggests that there is no likelihood of the trial being concluded in near future.

Considering the fact that there is no likelihood

of the trial being concluded in near future and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge, Vaishali at Hajipur in connection with N.D.P.S

(G.R) No. 40 of 2021, arising out of Bidupur P.S. Case

Patna High Court CR. MISC. No.27073 of 2024(3) dt.20-07-2024 3/3

No. 276 of 2021, subject to the conditions (i) that one of the bailors shall be close relative of the petitioner (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds.

(iii) that the petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of bail bonds of the petitioner.

(Sunil Kumar Panwar, J)

Shageer/-

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