Nehaluddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31720 of 2018 Arising Out of PS. Case No.-20 Year-2014 Thana- Economic Offences, Bihar District- Patna ====================================================== Nehaluddin, son of Late Moinuddin, resident of Mohalla - Choudhariana, P.S. - Ara Town, District - Bhojpur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Usha Kumari Singh For the Opposite Party/s :

Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

27-06-2018 Heard Sri Bijay Bhushan, learned counsel assisted by Smt. Usha Kumari Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor.

This is the second attempt for grant of bail on behalf of the petitioner, who is in custody since 30-03-2014 in Special (NDPS) Case No. 27 of 2014 (arising out of Economic Offence P.S. Case No. 20 of 2014) registered for offence under Sections 414, 420, 467, 468, 471, 472/34 of the Indian Penal Code and Sections 20(B)(1), 23 & 29 of Narcotic Drugs & Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act'). Learned counsel for the petitioner submits that despite the fact that petitioner is in custody since 2014 and evidence is going on, out of 13 chargesheeted witnesses, till date only 5 witnesses have been examined. It has been argued that without

Patna High Court Cr.Misc. No.31720 of 2018(2) dt.27-06-2018 2/2 any speedy trial, petitioner may not be allowed to remain in custody further.

Be that as it may, considering the fact that petitioner is in custody for serious offences, particularly for violation of provision under the N.D.P.S. Act, there is no reason to review my earlier order.

Accordingly, the prayer for bail again stands rejected. However, considering the fact that petitioner is in custody since long and trial is going on, while dismissing, it is desirable to direct the prosecution i.e. Superintendent of Police, Economic Offences Unit, Bihar, Patna to take all steps to produce witnesses, as and when, required by the Trial Judge. The learned Trial Judge is also directed to proceed with the case expeditiously so that trial may come to its logical end without unnecessary delay.

Let a copy of this order sent to the Superintendent of Police, Economic Offences Unit of Bihar, Patna for its compliance.

(Rakesh Kumar, J.) anay U T