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2023 Supreme(Online)(Pat) 6077

PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
AMOL SINHA – Appellant
Versus
The State – Respondent
CR. MISC./43865/2022



An accused person is entitled to be released on bail if the trial is delayed and similarly situated co-accused persons have been granted bail.

Headnote:

BAIL - NDPS ACT - [SECTION 20(B)(II)(C), 23(C), 25, 27A, 29] - REGULAR BAIL - CO-ACCUSED PERSONS GRANTED BAIL - DELAY IN TRIAL - BAIL GRANTED

Fact of the Case:

The petitioner was arrested in a case registered for the offence punishable under Sections 20(b)(ii)(c), 23(c), 25, 27A and 29 of the NDPS Act. Allegedly, it is a case of recovery 1306 Kg. of ganja from a truck.

Finding of the Court:

The court noted that the petitioner had been in judicial custody since 16.06.2017 and that similarly situated co-accused persons had been granted regular bail by a Co-ordinate Bench of this Court.

Issues: Whether the petitioner should be granted regular bail.

Ratio Decidendi: Considering the facts and circumstances of the case, including the delay in trial and the fact that similarly situated co-accused persons had been granted bail, the court held that the petitioner was entitled to be released on bail.

Final Decision: The petitioner was directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43865 of 2022

Arising Out of PS. Case No.-13 Year-2017 Thana- GOVERNMENT OFFICIAL COMP.

District- Begusarai

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

AMOL SINHA Son of Indrajeet Sinha Resident of Village - Nustan Bazar,

P.s.- Kumar Ghat, Distt.- Unnakot, State - Tripura,

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

The Union of India through the Inteligence officer Narcotics control Bureau,

Patna Zonal Unit. Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Arun Kumar Pandey, Advocate

For the Opposite Party/s :

Mr. Bharat Bhushan, APP

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

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

ORAL ORDER

4

09-01-2023

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in a case registered for the

offence punishable under Sections 20(b)(ii)(c), 23(c), 25, 27A

and 29 of the NDPS Act.

Allegedly, it is a case of recovery 1306 Kg. of ganja

from a truck.

Learned counsel for the petitioner submits that

petitioner has falsely been implicated in this case. He further

submits that similarly situated co-accused persons have been

granted regular bail by a Co-ordinate Bench of this Court passed

in Cr. Misc. No. 16485 of 2020 and Cr. Misc. No. 35679 of

Patna High Court CR. MISC. No.43865 of 2022(4) dt.09-01-2023

2/2

2020. Petitioner is in judicial custody since 16.06.2017.

Learned APP appearing for the State has opposed the

prayer for regular bail.

Having heard learned counsel for the parties and

considering the facts and circumstances of the case, this Court is

inclined to enlarge the petitioner on bail. The above named

petitioner is directed to 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 Sessions

Judge-I-cum-Special Judge, NDPS Act, Begusarai in connection

with NDPS Case No. 13 of 2017.

Brajesh Kumar/-

(Sunil Kumar Panwar, J)

U

T

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