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2023 Supreme(SC) 80

SURYA KANT, J. K. MAHESHWARI
Raju Ram – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Devendra Kumar Singh, Karunakar Mahalik.
For the Respondents: Abhinav Mukerji, Akshay C. Shrivastava, Bihu Sharma, Pratishtha Vij.

ORDER :

1. Applications seeking exemption from filing certified copy of the impugned Order as also seeking exemption from filing official translation of the Annexure are allowed.

2. The petitioner seeks his enlargement on regular bail in N.D.P.S. Case No. 07/2019/02/18, arising out of Sherghati Excise Case No. 537/2017, which is pending in the Court of learned Additional Sessions Judge-III, Gaya (Bihar).

3. The allegations are that during checking by the excise officials at Dhirjabridge (Dobhi Chatra Road), two persons including the petitioner were caught with two packets containing 12 kg and 13 kg opium respectively.

4. The petitioner has surrendered on 28.12.2017 and is in custody since then. The petitioner is thus incarcerated for more than five years.

5. We have heard learned counsel for the parties and perused the material placed on record.

6. It is true that trial has commenced and out of 8 witnesses, 2 witnesses have reportedly been examined by the Trial Court. However, the conclusion of trial will still take some time. The petitioner has no criminal antecedents. The period which the petitioner has already spent in custody is sufficient to exempt the rigours of Section 37 of the N


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