IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37468 of 2011 Abdul Kudus Khan Versus The Union Of India ----------- 04/ 07.12.2011 Heard learned counsel for the petitioner. No one appears on behalf of the Union of India. Petitioner is in jail custody since 20.2.2005 in a case registered under sections 20 b(ii), 23 and 29 of the NDPS Act, 1985 on the charges that 4 kgs charas was recovered from his conscious possession. Learned counsel appearing for the petitioner points out that petitioner was convicted by Fast Track Court, Motihari, East Champaran on 5.8.2008 for rigorous imprisonment for ten years and also to pay fine of Rs one lac and after that petitioner preferred appeal bearing Cr. Appeal(SJ) No. 868/2008 before this court and aforesaid appeal was allowed and the judgment of conviction and sentence order were set aside and the matter was remitted to the trial court for re-trial as earlier the petitioner was tried by Fast Track Court and this court came to the conclusion in the above stated appeal that Fast Track Court had got no jurisdiction to try the cases registered under the provision of NDPS Act. Learned counsel for the petitioner further submits that petitioner is in jail custody since long and even if it is assumed that he has committed the alleged occurrence, then also, he has sufficiently been punished by remaining in jail custody for near about seven years. Considering the aforesaid facts and circumstances as well as 2 submissions of the parties coupled with observations given by this court in Cr. Appeal (SJ) No. 868/2008, let the petitioner, Abdul Kudus Khan, be released on bail on furnishing bail bonds of Rs 50,000/- with two sureties of the like amount each to the satisfaction of the 3rd Addl. Sessions Judge, East Champaran at Motihari in NDPS Case no. 08/2005 subject to the condition that one of the sureties must be local and holder of the landed property. shahid (Hemant Kumar Srivastava,J)