IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46764 of 2008 ASHOK KUMAR SINGH Versus STATE OF BIHAR ----------- For the petitioner : Mr. A.K.Thakur, Advocate For the State : Mr. Jharkhandi Upadhaya ---------- 4 21.4.2009 Heard learned counsel for petitioner ASHOK KUMAR SINGH, one of the FIR named accused of Chhatauni P.S. Case No. 10 of 2008 registered under section 20 / 22 Narcotic and Drugs and Psychotropic Substances Act (hereinafter referred to as “the NDPS Act”) and who has been in custody since 19.1.2008 in connection therewith. The sole ground urged by the learned counsel for the petitioner for seeking bail is that in view of proviso to sub section (4) of section 36(A) of the NDPS Act and section 167 Cr.P.C. having been made applicable even to the cases under NDPS Act he was entitled to be enlarged on bail since no chargesheet has been submitted till today although more than 180 days have elapsed and there is no order of the Special court extending the time for completion of the investigation beyond the prescribed period of 180 days. Due regard being had to the facts and circumstances of the case petitioner ASHOK KUMAR SINGH is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Sessions Judge cum Special Judge, NDPS Act, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 10 of 2008. Spd/- (Abhijit Sinha, J.)