Dr. Anshuman, J. – Heard learned senior counsel for the petitioner with assisting counsel and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kadwa P.S. Case No. 144 of 2021 arising out of G.R. No.2365/2021, lodged on 20.06.2021 under Sections 8, 20(b) (ii),C of the N.D.P.S. Act read with section 30(a) of Bihar Prohibition & Excise Act.

3. Learned senior counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 14.10.2022 passed in Cr. Misc. No. 72502 of 2021 with liberty granted to the petitioner that he may renew his prayer for bail one year after framing of charge. Counsel submits that the charge has been framed in this case on 18.01.2023 and more than one year has been lapsed, so bail may be granted to the petitioner. Counsel also submits that the criminal antecedent of the petitioner is not clean and there are two criminal cases pending against him in which in both the cases, he is on bail. The petitioner is in custody since 21.06.2021 in the present case.

4. Learned APP for the State submits that a report has been called for in this case and from the said report which has been received by this Court vide Letter No.91/2024 from the Sessions Judge, Katihar, it transpires to this Court that the Sessions Judge has raised a legal issue in his report which states as follows: –

“(5) On 26.06.2023, the Court of Exclusive Special Excise Court No.-2, Katihar split up the record in respect of offence u/s 20(b)(ii), C of N.D.P.S Act from section 30(a) of Bihar Prohibition and Excise Act, 2016 and on 04.12.2023 transferred this record to this court for trial of accused for offence under section 20(b)(ii), C of N.D.P.S Act, 1985 stating that as per section 84(1) of Bihar Excise Act, 2016 all Special Excise courts are exclusively designated for trial of offences under Excise Act only. Now trial for offences committed under Excise Act is being conducted in the Court of Exclusive Special Excise No.- 2, Katihar and trial for offences committed under N.D.P.S Act is being conducted in the Court of Sessions cum- Special Judge (NDPS Act), Katihar resulting into two separate trials creating multiplicity of trials for the parties.

(6) In this regard, a letter no. 6092/2023 dated 23.12.2023 was sent seeking guideline from Hon'ble High Court of Judicature at Patna as to whether it would be proper that same accused person be tried by two different courts for committing offences covered by different Acts i.e offences under Excise Act be tried by the Exclusive Special Excise Court and Offences under N.D.P.S Act be tried by another court arising out of the same occurrence and P.S case number, whereas Section 220(1) of Cr.P.C states that "If, in one series of act so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for every such offence." It is further respectfully submitted that till date, this court has not received any guideline from the Hon'ble High Court and it is still awaiting.”

5. After going through the request made in the said letter, this Court hereby request to other senior counsel Mr. Bakshi SRP Singh, Advocate and Mr. Chakra Pani, Advocate to assist on this issue. The legal question is that in the present case i.e. Kadwa P.S. Case No. 144 of 2021, offences under the Narcotic Drugs And Psychotropic Substances Act, 1985 as well as under Bihar Prohibition & Excise Act, 2016 are present and vide order dated 26.06.2023, the record has been split up. One for the court of Exclusive Special Excise Court and another for trial of N.D.P.S. Court. The Sessions Judge has raised issue that whether it would be proper that same accused person be tried by two different courts for committing offences covered by the different acts (N.D.P.S. Act, 1985 and Bihar Prohibition & Excise Act, 2016) arising out of the same occurrence and P.S case number, and arising ou