Ram Pravesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40994 of 2016 Arising Out of PS.Case No. -33 Year- 2009 Thana -JADOPUR District- GOPALGANJ ====================================================== Ram Pravesh Singh, son of Kashi Singh, resident of Village-Jadopur Shukul, Mauza Tola, Police Station-Jadopur, District-Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-12-2016 Heard Sri Raghav Prasad, learned counsel for the petitioner and learned Addl. Public Prosecutor. This is the fourth attempt for grant of bail in connection with Trial no.32/2012 arising out of Jadopur P.S. Case No.33 of 2009 registered for the offence under Sections 8, 20, 22 of N.D.P.S. Act. Earlier, on three occasions, the prayer for bail of the petitioner was rejected on merit, particularly on the ground that in this case, 130 Kg. Ganja was recovered.

Learned counsel for the petitioner submits that the petitioner is in custody since 28.01.2011. However, trial has not concluded.

In this case, by order dated 22.09.2016, a report was called for from the court below regarding stage of the case, which

Patna High Court Cr.Misc. No.40994 of 2016 (3) dt.01-12-2016 2/2 has been received and kept at Flag-A. The report suggests that due to non-appearance of one of the accused Munna Chaudhary, trial of this case was separated and only thereafter on 06.06.2014 charge was framed. Thereafter, out of ten chargesheeted witnesses, three prosecution witnesses have been examined. The learned trial Judge has indicated that if the prosecution witnesses are produced, the trial is likely to be concluded within a period of five months.

In the trial, the informant and the Investigating Officer have not been examined till date In view of the fact that on merit, thrice bail was rejected as well as in view of indication of the trial court that in case of support of the prosecution, the case would be concluded within five months, the prayer for bail of the petitioner stands again rejected with a direction to the court below to take all steps to conclude the trial within the aforesaid time. A copy of this order may be sent to the Superintendent of Police, Gopalganj for ensuring production of witnesses, as and when required by the trial court.