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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90072 of 2024 Arising Out of PS. Case No.-610 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Dhiraj Kumar Son of Late Birendra Sah @ Virendra Sah Resident of Village- Chand Chowk, Bheldi, P.S.- Bheldi, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mili Kumari, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 4 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Sections 414 of the IPC and Sections, 8, 20(b)(ii)(A) of the NDPS Act.
3. As per allegation in the FIR, it is alleged that the petitioner was found with alprazolam weighing 26 grans in 201 orange colour tablets near Court Hajat.
4. Learned counsel for the petitioner submits that petitioner is innocent and 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. 80272 of 2024 with an observation that the “the trial Court is
Patna High Court CR. MISC. No.90072 of 2024(4) dt.19-03-2025 2/3
directed to conclude the trial preferably within a period of six months from the date of receipt of order” but the trial is not progress till today. Petitioner is in custody since 28.07.2023 and he has got clean antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. On perusal of the first information report, impugned order dated 21.08.2023 and perusal of the report dated 22.02.2025 bearing letter no.69 by the learned Ist Additional District and Sessions Judge, Saran, it appears that only one witness examined and remaining four witnesses are yet to be examined, so progress of the trial is very slow and recovered alprazolam tablets, i.e., below the commercial quantity and above the small quantity and petitioner is in custody for more than one and half years and petitioner has got clean antecedent, so I am inclined to grant bail to the petitioner.
7. 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 satisfaction of learned Additional District and Sessions Judge-I-Special Judge, NDPS, Saran, Chapra in connection with Chapra Town (Nagar) P.S. Case No. 610 of 2023, subject to the condition that one of the
Patna High Court CR. MISC. No.90072 of 2024(4) dt.19-03-2025 3/3 bailors must be close relative of the petitioner and petitioner shall remain physically present on each and every date fixed by the trial Court till conclusion of the trial.
Brajesh Kumar/- (Ramesh Chand Malviya, J) U T