IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34275 of 2011 ====================================================== 1. Raju Rai @ Raju Yadav S/O Ramdeo Rai R/O Vill.-Gudara, P.S.- Majhauliya, Distt.-West Champaran .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Union Of India .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 4 14-12-2011 Heard learned counsel for the petitioner and Mr. Uday Chandra Prasad for the State. This is third attempt of the petitioner before this Court seeking bail in a case instituted under Sections 20/22 of the N.D.P.S. Act. The first attempt of the petitioner was rejected by order dated 18.8.2009. Again, the petitioner approached this Court in Cr. Misc. No. 28926 of 2010 which was considered and rejected by order dated 25.8.2010 (Annexure-10). While rejecting his application for the second time, this Court observed as under: “Let the trial court endeavour to examine all the prosecution witnesses within seven months from the date of receipt/communication of this order, failing which the petitioner shall have liberty to renew his prayer for bail before this Court.” Patna High Court Cr.Misc. No.34275 of 2011 (4) dt.14-12-2011 2 A status report was called for from the Trial Court which is at Flag-A from perusal whereof, it appears that the trial has already begun inasmuch as three prosecution witnesses have already been examined. For securing attendance of other witnesses, bailable warrant of arrest have been issued. Learned counsel for the petitioner contends that petitioner is in custody since 15.2.2009. It is next contended that the contraband articles were recovered from an open field and as such it cannot be said that recoveries were made from the conscious possession of the petitioner. Having heard the parties and after going through the materials on record, it appears that considering the facts and circumstances of the case, at least on two occasions, his prayer for bail was rejected. The status report discloses that three witnesses have already been examined. Under the circumstances, while declining the prayer for grant of bail, the present application is disposed of by the following order: Let the Trial Court conclude examination of all prosecution witnesses within five (05) months from the date of receipt/production of a copy of this order failing which the petitioner shall be released on bail on furnishing bail bonds of Rs. Patna High Court Cr.Misc. No.34275 of 2011 (4) dt.14-12-2011 3 15,000/- (fifteen thousands only) with two sureties of the like amount to its own satisfaction subject to the following conditions: (i) One of the bailors shall be own/close member of the family. (ii) Petitioner shall appear on each date fixed at the trial and shall cooperate in quick disposal of the pending trial. In case of default in such appearance without there being any compelling reasons therefor, the Trial Court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law. PANKAJ KUMAR/- (Kishore K. Mandal, J)