IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18104 of 2009 RAM NATH RAUT @ DEO NATH @ DEO NATH RAUT Versus THE UNION OF INDIA THROUGH CUSTOM OFFICER, PATNA ----------- 3 27.07.2009 Heard both sides. The petitioner has renewed his prayer for grant of bail in a case instituted under Sections 20 and 23 of N.D.P.S. Act. As per allegation in the prosecution report/F.I.R., he was found standing close to a jerkin on the platform which contain 17.6 k.g. of ganja the value whereof has been disclosed in the F.I.R. itself. It appears that the petitioner had earlier moved this court for bail which was disposed of under order dated 19.12.2005 in the following manner: “Heard. The prayer made on behalf of the petitioner for grant of regular bail is rejected at this stage.” Learned counsel submits that the petitioner is in custody since 4.8.2005. It is submitted that even if the allegations are accepted as true, for the sake of argument, the maximum punishment that can be imposed on him is 10 years in terms of the provision contained under Section 20 of the N.D.P.S. Act. Learned counsel further submits that although the petitioner is in custody since 4.8.2005 i.e. about four years, the trial of the case has not been taken up as yet. He submits that the petitioner has absolutely clean antecedents and that the petitioner is facing such prosecution for the first time. This court having perused the materials on record and 2 after hearing both the sides, while declining the prayer of bail, disposes of the application in the following manner. Let the Trial Court make all endeavour to take up the trial and examine all the witnesses on or before 11th December, 2009 failing which the petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to its satisfaction In the event the petitioner is granted bail in terms of the present order, the same shall carry following conditions: (i) One of the bailers will be own/close family member of the petitioner. (i) The petitioner shall appear in person on each and every date fixed in the trial. In case of default on two consecutive occasions without any cogent/satisfactory reason, the bail bond of the petitioner shall be cancelled and thereafter the Trial Court will be at liberty to secure his arrest in accordance with law. pkj ( Kishore K. Mandal, J. )