IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14968 of 2011
Gore Lal Chauhan @ Gore Chauhan @ Kuda Chauhan, S/o
Late Nageshwar Chauhan.
Versus
1. The State of Bihar.
2. The Union of India.
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03. 18.08.2011 Supplementary-affidavit filed today be kept on
record.
Heard learned counsel for the petitioner, State
and the Union of India.
The petitioner seeks bail in a case instituted for
the offences under Section 413 of the Indian Penal Code
and Sections 20 and 22 of the N.D.P.S. Act.
The petitioner was refused bail by order dated
23.09.2010 since 51 Kgs. of ganja was recovered from the
room where the petitioner was present along with other
co-accused persons.
The petitioner has renewed his prayer for bail on
the ground that the trial is pending as also that he is not
accused in any other case and in fact the co-accused who
was arrested along with the petitioner from the same room
is involved in the business of ganja which is evident from
another case which has been instituted under the
provisions of NDPS Act. The report of the Trial Court
reveals that the two co-accused persons who are on bail
have delayed the trial and the delay was not attributable
to the petitioner.
2
Considering this fact as also that he has fair
antecedents, let the petitioner, above named be released
on bail on furnishing bail bond of Rs. 5,000/- (Five
Thousand) with two sureties of the like amount each or
any other surety as fixed by the Court to the satisfaction
of Additional Sessions Judge-II, Patna in connection with
Special P.S. Case No. 77 of 2009 arising out of Fatuha
P.S. Case No. 463/2009 subject to the following
conditions:- (i) That one of the bailors will be a close
relative of the petitioner who will give an affidavit giving
genealogy as to how he is related with the petitioner and
the other bailor shall be the sister of the petitioner namely
Ranjan Devi. The bailor will also undertake to inform the
Court if there is any change in the address of the
petitioner. (ii) That the affidavit shall clearly state that the
petitioner is not an accused in any other case and if he is
he shall not be released on bail. (iii) That the bailor shall
also state on affidavit that he will inform the court
concerned if the petitioner is implicated in any other case
of similar nature after his release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on the ground of
misuse. (iv) That the petitioner will be well represented on
each date and if he fails to do so on two consecutive dates,
his bail will be liable to be cancelled.
3
The Trial Court is directed to send a list of
witnesses fixing specific dates to the S.P. Patna along with
the copy of this order who will ensure the attendance of
the witnesses on the said dates so that there is no further
delay in trial.
From henceforth the Trial Court will make out a
trial plan in consultation with the APP and defence Lawyer
and issue summons simultaneously to all the witnesses
instead of sending it one after the other thus delaying the
trial.
(Anjana Prakash, J.)
Vikash/-