IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11519 of 2011 GORAKH NATH PRASAD. Versus THE STATE OF BIHAR ----------- 03 18.05.2011 Heard both sides. This is repeat application seeking bail in a case instituted under Sections 21 and 22 of the Narcotics Drugs and Psychotropic Substance Act. Earlier petitioner had moved this Court for bail which was considered and rejected by order dated 15.10.2009 (Annexure-1). While rejecting the prayer this Court directed for expeditious trial. Learned counsel for the petitioner submits that petitioner continues to incarcerate since 18.05.2009, and that he is suffering from several ailments. A status report was called for from the concerned Court by order dated 06.04.2011. Said report is on record at Flag-A. It appears therefrom that trial has already commenced inasmuch as six witnesses on behalf of the prosecution have been examined. Considering the materials on record, this Court is not inclined to release the petitioner on bail. Accordingly, prayer for bail is rejected. However, considering the fact that he is in custody since 18.5.2009, this Court grants him liberty to renew prayer for bail before this Court if all prosecution witnesses are not examined on behalf of the prosecution within 06 months from the date of 2 receipt/production of a copy of this order. The present order rejecting the prayer for bail shall not preclude the petitioner in approaching the trial Court for provisional bail on medical grounds. Let a copy of this order be communicated to the Court of Additional District and Sessions Judge 6, Rohtas at Sasaram in connection with Dehri P.S. case no.216 of 2009 through Fax at the cost to be deposited by the petitioner. Sym (Kishore K. Mandal, J.)