Patna High CourtCR. MISC./1957/2015rejected

Vijay Kumar Singh v. The State Of Bihar

2016-02-24Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.1957 of 2015 (2) dt.24-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1957 of 2015 Arising Out of PS.Case No. -80 Year- 2012 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Vijay Kumar Singh Son of Sri Ram Sagar Singh R/o Village - Maheshwara, P.S. - Nawkothi, District - Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vasant Vikas For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 24-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been arrested in connection with Minapur P.S. Case No. 80 of 2012 registered under Sections 20 and 22 of the N.D.P.S. Act with regard to recovery of 308 Kg. Ganja from the possession of the petitioner.

Earlier prayer for bail of the petitioner was rejected thrice, once on petition under Section 167(2) of Cr.P.C. and matter concerned with recovery of 308 Kg. Ganja from the truck by which the petitioner claimed to be driver of the said truck. Having regard to the fact, I am not inclined to grant bail to the petitioner.

However, it appears that earlier by order dated

Patna High Court Cr.Misc. No.1957 of 2015 (2) dt.24-02-2016 20.03.2013, the trial court was directed to expedite the trial, but the case has not yet been disposed of.

Hence, the trial court is directed to see whether summons and warrant has been issued in pursuance of direction issued by the trial court. Further to see whether summons and warrant has been respected by the executing officer or serving officer. Further whether report was received with regard to service report or execution report. Further report whether the serving officer or executing officer have executed serving summon and warrant and if trial court finds there is any laches of any authority then court concern shall take steps against them for non-compliance of the order and even report to the administrative officer i.e. the District Judge for asking erring officer and if the erring person is the staff of the court or if the erring officer or executing agency, then proceed against them in accordance with law for non-compliance of the order.

With this observation, the petition is dismissed. m.p.

(Gopal Prasad, J) U T