PATNA, India, June 16 -- Patna High Court issued the following order on May 16:
Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred previous regular bail petition bearing Cr. Misc No. 33783 of 2024 in connection with Sursand P.S. Case No. 561 of 2021 dated 09.12.2021, whereby regular bail petition of the petitioner was dismissed vide order dated 07.05.2024 on merit, however, directing the Trial Court to conclude the trial within a period of one year, failing which the petitioner was given liberty to renew his prayer.
3. Ld. counsel for the petitioner submits that since the trial has not been concluded in the stipulated time, the petitioner, vide present application, has renewed his prayer for bail.
4. He further submits that the petitioner is languishing in jail since 10.12.2021.
5. It transpires from the order dated 22.04.2025, passed by Ld. District and Additional Sessions Judge-II, Sitamarhi in connection with Sursand P.S. Case No. 561 of 2021 that the trial is not complete as yet.
6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded within the stipulated time, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. District and Additional Sessions Judge-II-cum-Special Judge, (NDPS Act), Sitamarhi/Concerned Court in connection with Sursand P.S. Case No. 561 of 2021 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/Court as and when required.
(ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
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