Patna High CourtCR. MISC./51515/2018dismissed

Nagendra Prasad Yadav @ Nagendra Kumar Yadav v. The State Of Bihar

2018-10-10Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.51515 of 2018 (4) dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51515 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ======================================================

1. Nagendra Prasad Yadav @ Nagendra Kumar Yadav, Son of Ramchandra Yadav, Resident of Village- Kabilasha, P.S. Ladaniya, DistrictMadhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Earlier the applicator of the petitioner for grant of bail has been dismissed vide order dated 16.12.2017 passed in Cr. Misc. No. 25601 of 2017 in connection with P.R. Case No. 155 of 2017, registered for offences punishable under Section 20 (b) of Narcotic Drugs and Psychotropic Substance Act, 1985. Allegation against the petitioner is of recovery of 40 kg. of ganja.

It has been submitted on behalf of the petitioner that in spite of direction of this Court to conclude the trial within a period of nine months, the trial has not been concluded uptil now

Patna High Court Cr.Misc. No.51515 of 2018 (4) dt.10-10-2018 and petitioner has been in custody since 01.02.2017. Earlier a report has been called for with regard to stage of trial, which has since been received, from which, it appears that four witnesses have already been examined and the case is pending for examination of one witness, for which non bailable warrant has been issued.

Having heard both sides, considering the fact and circumstances of the case, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it as expeditiously as possible even by conducting the trial on day to day basis.

At the same time, Superintendent of Police, Nawada is also directed to ensure the presence of witness in the Trial Court on the date fixed.

(Vinod Kumar Sinha, J) sunil/- U T