Banka Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74579 of 2018 Arising Out of PS. Case No.-38 Year-2016 Thana- RAXAUL District- East Champaran ====================================================== Banka Paswan Son of Late Dhot Paswan Resident of VillageBadkaBarwat,P.O. Bettiah,P.S. Mufassil,Distt.-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-04-2019 Perused the report submitted by the learned court of 7th Additional Sessions Judge-cum-Special Judge, Excise Act, East Champaran, Motihari dated 26.03.2019, wherein it has been stated that on account of non-production of three witnesses by the prosecution, the trial has not been concluded within a period of six months.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct the court of 7th Additional Sessions Judge-cum-Special Judge, Excise Act, East Champaran, Motihari to conclude the pending trial in connection with N.D.P.S. Case No. 15 of 2016 arising out of Raxaul P.S. Case No. 38 of 2016 positively within a period of six months from today, failing which appropriate action shall be taken against the learned trial court for disobedience of the order

Patna High Court CR. MISC. No.74579 of 2018(5) dt.17-04-2019 2/2 of this Court.

At this juncture, the learned counsel for the petitioner submits that the petitioner be granted liberty to pray for grant of bail upon expiry of a period of eight months from today, before the learned trial court.

Permission is granted.

The petition stands disposed off as withdrawn. (Mohit Kumar Shah, J) S.Sb/- U T