IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1868 of 2011 GUDDU MIAN @ SALAHUDDIN S/O- QUASIM MIAN Versus THE STATE OF BIHAR ----------- 3 23.03.2011 This is third attempt of the petitioner before this Court in order to get bail in a case instituted under diverse sections of N.D.P.S. Act. Petitioner was found driving a jeep wherefrom two quintals of Nepali Ganja is/are said to have been recovered. The first attempt of the petitioner before this Court made in Cr. Misc. No. 21882 of 2009 failed by order dated 7.8.2009 (Annexure-1). Petitioner again moved this Court for bail in Cr. Misc. No. 12484/2010 which was considered and rejected with the following observation: “Let the Trial Court take all endeavour to conclude the trial by examining all the prosecution witnesses within seven months from the date of receipt/communication of a copy of the order in the court below.” It is submitted on behalf of the petitioner that he is in custody since 2.12.2008 and that the witnesses to seizure have not supported the prosecution case and as such a clout has been created on the prosecution case. A status report was called for by order dated 19.1.2011 which is placed on record at Flag-A. It appears therefrom that petitioner is also facing trial in the Court of 3rd Addl. Sessions Judge, Motihari and he was transferred from Hajipur Jail to Motihari for his production in the said trial. 2 According to the petitioner, the said trial is also under way. It further appears from the status report that petitioner has been sent back to the District Jail, Vaishali on 23.2.2011 and thereafter witnesses are being examined inasmuch as five prosecution witnesses have already been examined. Steps for production of rest of the witnesses have been taken. Heard learned counsel for the parties. Considering the submissions advanced on behalf of the petitioner and also keeping in focus the period of incarceration, this Court, while declining the prayer for bail in the application, disposes of the present application by the following order: Let the Trial Court proceed and examine all prosecution witnesses within 05 months from the date of receipt/production of a copy of the order failing which the Trial Court shall release the petitioner on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to its satisfaction in connection with Jandaha P.S. Case No. 112A of 2006 subject to the following conditions: (i) One of the bailors shall be father/brother of the petitioner. (ii) Petitioner shall appear on each date fixed at trial. In case of default in such appearance without there being any compelling 3 reasons therefor, Trial Court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law. (iii) During the subsistency of the present privilege of bail, if it is found that the petitioner is found involved in any other criminal case, the same shall be treated as a breach of condition of bail entailing cancellation. pkj ( Kishore K. Mandal, J)