Anil Pandey @ Anil Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44031 of 2021 Arising Out of PS. Case No.-39 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Anil Pandey @ Anil Kumar Pandey, Son of Visundev Pandey Resident of Village - Bangra, P.S. - Kotwa, District - East Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh, Advocate For the Opposite Party/s :
Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and Md. Fahimuddin, learned APP for the State.
This the second attempt of the petitioner to obtain bail in connection with N.D.P.S. P.S. Case No. 39 of 2019 arising out of Excise Case P.R. No. 39/2019 registered for the offences under section 20(b) of the N.D.P.S. Act.
Earlier his prayer for bail was rejected twice after noticing that the petitioner happened to be the driver of the vehicle in which 50 kg. of Ganja was recovered. This Court called for a report from the learned trial court, and according to the said report, the charge is likely to be framed on 15.12.2021 and thereafter the trial against the petitioner will be conducted on day to day basis.
In the aforesaid view of the matter, this court is not
Patna High Court CR. MISC. No.44031 of 2021(4) dt.15-12-2021 2/3 inclined to direct release of the petitioner on bail at this stage. The trial court must proceed to conclude the trial as early as possible by conducting the same on day to day basis. The report as contained in letter no. 344 dated 10.12.2021 from the learned 2nd Additional District and Sessions Judge, East Champaran, Motihari does not speak well about the functioning of the office of the court. According to this report, the bail bond of co-accused Chandrika Prasad @ Mukhiya Jee was cancelled on 07.01.2020 and order was passed to issue nonbailable warrant of arrest but the non-bailable warrant was issued on 18.10.2020. This is an inordinate delay on the part of the office in executing the order of the court keeping in view that in the month of January 2020 the court was functioning well and for next 21⁄2 months at least there was normal functioning of the court.
This court, therefore, directs the learned District Judge, East Champaran, Motihari to institute an inquiry as to why the inordinate delay in issuance of non-bailable warrant against the co-accused took place and who are responsible for this.
This Court further finds that co-accused Munna Patel has also jumped bail and the court has issued warrant of arrest
Patna High Court CR. MISC. No.44031 of 2021(4) dt.15-12-2021 3/3 against him. The Superintendent of Police, East Champaran, Motihari shall ensure that the warrant of arrest is immediately executed and a report in this regard be submitted in the court below, failing which it will be brought to the notice of this court. Let a copy of this order be communicated to the District Judge, East Champaran, Motihari and the Superintendent of Police, Motihari for early action. This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.