Patna High CourtCR. MISC./10169/2015dismissed

Narendra Singh @ Nagendra Singh v. The State Of Bihar

2019-06-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10169 of 2015 Arising Out of PS. Case No.-83 Year-2014 Thana- MAHESI District- East Champaran ====================================================== Narendra Singh @ Nagendra Singh, son of Late Gupt Nath Singh, resident of village - Madhopur, Police Station - Tarwara, District - Siwan. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kundan Kumar Sinha, Advocate For the Opposite Party/s :

Mr.D.P.Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 26-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is one of the accused in connection with Mahesi Police Station Case No.83 of 2014, registered under Section 414 of the Indian Penal Code as well as Sections 20, 22, 23 and 25 of the N.D.P.S. Act.

3. Huge quantity of Ganja was recovered from the referred truck. Petitioner is named accused in the F.I.R.

4. By the impugned order dated 20.01.2015, prayer of the petitioner under Section 227 of the Code of Criminal Procedure to discharge has been refused.

5. It has been informed that charges have already been framed and the case is running for prosecution evidence since last

Patna High Court CR. MISC. No.10169 of 2015 dt.26-06-2019 2/2 three years. However, no prosecution witness has turned up till now.

6. Considering the changed circumstances of framing of the charges and sufficient material disclosed against the petitioner for proceeding with the trial, I am not inclined to interfere with the impugned order. However, the learned trial judge is directed to expedite the trial.

7. The Superintendent of Police, East Champaran is directed to ensure production of prosecution witnesses, who are mostly government officials.

8. With the aforesaid observation, this application stands dismissed.

(Birendra Kumar, J) abhishek/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 28.06.2019 Transmission Date 28.06.2019