IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26742 of 2011
Ziyaul Haque, S/o Late Sheikh Geyan, Resident of village - Chainpur
Dhaka, P.S. - Dhaka, District - East Champaran.
........... Petitioner
Versus
The State Of Bihar
............. Opp. Party
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3 19.10.2011 Heard Sri Y.C. Verma, learned senior counsel for the
petitioner and Sri Shyam Bihari Singh, learned Additional Public
Prosecutor.
This is the second attempt for grant of bail. Earlier,
prayer for bail of the petitioner was rejected on 04.02.2011 vide Cr.
Misc. 26100 of 2010. Keeping in view the fact that the petitioner
was in jail since long, while dismissing the prayer for bail the court
below was directed to proceed with the case expeditiously so that
the case may come to its logical end without unnecessary delay.
Learned senior counsel for the petitioner submits that in
this case charges were framed on 07.09.2010 which has been
mentioned in paragraph no. 17 of the bail petition. However, till
date, not even single witness has been examined.
In this case, by the order dated 17.08.2011, a report was
called for from the court below which has been received and kept at
flag ‘C’. The Report makes it clear that the case is fixed for
evidence and summon & warrant have been issued to produce the
witnesses.
The fact that charges were framed on 07.09.2010 and till
the date of Report i.e. 17.09.2011 the prosecution has not produced
any witness to prove the case, creates serious doubt regarding early
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conclusion of the trial. Since the petitioner is in custody from
24.04.2010 and despite direction of this court no positive progress
has taken place during the trial, the court is of the opinion that the
petitioner cannot be detained indefinitely without conclusion of the
trial.
Accordingly, the petitioner namely Ziyaul Haque is
directed to be released on furnishing bail bonds of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each to
the satisfaction of learned 1st Additional Sessions Judge, East
Champaran at Motihari in connection with N.D.P.S. Case No. 53 of
2009 arising out of Dhaka P.S. Case No. 86 of 2009.
( Rakesh Kumar, J.)
Praful