IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.10077 of 2010
SHIV NATH DAS
Versus
THE STATE OF BIHAR
-----------
03 14.07.2010 Renewing the prayer for bail on the 4th
occasion, the submission is that he is in custody
since 20.10.2006. Charges have been framed on
7.1.2008 vide Annexure-6. This Court had noticed
that out of the 12 witnesses 7 were official witnesses
with an observation that, if the official witnesses are
not examined within reasonable time the petitioner
may renew his prayer for bail last rejected on
12.8.2009.
The report called for at Flag-A states that
the trial is running for evidence since 20.2.2008
and of the 16 witnesses only 3 have been examined,
this despite informing the Superintendent of Police,
West Champaran.
The credit for grant of bail to the petitioner
in a police case under the N.D.P.S. Act goes to the
laxity of the prosecution. Let the petitioner, above
named, be enlarged on bail on furnishing bail bonds
of Rs. 20,000/- (Twenty thousand) with two sureties
of the like amount each to the satisfaction of
Additional Sessions Judge, F.T.C.-III, West
Champaran, Bettiah in connection with Chanpatiya
2
P.S. Case No. 235 of 2006, T.R. No. 10 of 2007.
The bail bonds of the petitioner shall bear
the photograph and proof of residence of the bailors
which shall be verified through the local Police
before final acceptance. Both the sureties of the
petitioner must be his wife and another blood
relative, who shall adequately be explained at the
time of acceptance of the bail bonds that should the
petitioner abscond they may be made answerable.
The trial court is directed to proceed
appropriately under 350 Cr.P.C. against the official
witnesses, who were not appearing despite
summons and conclude the summary trial against
such witnesses at the earliest.
Let a copy of this order be sent by Fax to
the Superintendent of Police, West Champaran for
appropriate action.
P.K. (Navin Sinha, J.)