Vishal Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62086 of 2023 Arising Out of PS. Case No.-462 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== VISHAL PATEL S/O BRIJKISHORE PATEL @ BRIJ KISHORE RAUT R/O VILLAGE- NAYAK TOLA, NEK TOLA, P.S- HARPUR, DISTT.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-11-2023 Heard the parties.
2. The petitioner is in custody in connection with Sugauli P.S. Case No. 462 of 2021 for the offence under Sections 20(b)(ii)(c), 23, 27(a) and 29 of the NDPS Act lodged on 03.11.2021 by the informant, Vivek Kumar Jayswal.
3. The allegation in the FIR is of recovery/seizure of 151.160 of 'ganja' from the truck and the further allegation of the police is that two accused persons were apprehended inside the truck who tried to escape, petitioner being one of them.
4. Again, a fresh application has been preferred whereafter a report was called for, which has since been received vide Letter no. 811 of 2023 dated 17.10.2023 according to which out of five charge-sheeted witness, two have already
Patna High Court CR. MISC. No.62086 of 2023(3) dt.10-11-2023 2/2 been examined while three including the informant and I.O. warrant has been issued.
5. Considering the fact that the petitioner is in custody since 04.11.2021 and despite the earlier observation of this court to conclude the trial within one year, the same has not been concluded, the trial court is directed to take immediate step and take the trial to its logical conclusion within a period of next six months.
6. The Superintendent of Police, East Champaran is directed to ensure that the witnesses summoned by the trial court appears before it on the date fixed by the Court. (Rajiv Roy, J) Jagdish/SudhaU T