Patna High CourtCR. MISC./67150/2022disposed

Raju Raj v. The State Of Bihar

2023-10-06Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67150 of 2022 Arising Out of PS. Case No.-48 Year-2021 Thana- GWALPARA District- Madhepura ====================================================== RAJU RAJ S/o Ghanshyam Prasad Yadav @ Ghanshyam Yadav @ Ghanshyam Kumar Yadav R/o Village- Birgaon, P.S.- Gwalpara (Arar O.P.), Distt- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-10-2023 Heard Mr. Pawan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

2. Petitioner seeks bail in connection with N.D.P.S. Special Case No. 07/2021 arising out of Gwalpara (Arar O.P.) P.S. Case No. 48 of 2021 for the offence punishable under Section 21(C) of the N.D.P.S. Act.

3. Learned counsel appearing on behalf of the petitioner submits that only one witness has been examined and the trial is not proceeding. He submits that the case of the petitioner deserves to be considered in light of the judgment rendered by the Apex Court in the case of Rabi Prakash Vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169

Patna High Court CR. MISC. No.67150 of 2022(7) dt.06-10-2023 2/2 of 2023).

4. Considering the aforesaid submission made on behalf of the petitioner, the trial court is directed not to delay the trial otherwise the same will defeat the fundamental right of the petitioner. The petitioner cannot be allowed to remain as under trial for a long period of time. The trial court is directed to conclude the trial expeditiously otherwise any inaction in conducting the trial will be deprecated by this Court.

5. In case the Superintendent of Police, Madhepura is not able to produce the witnesses, he will be held liable for the same and appropriate action will be taken against him for having not ensured production of prosecution witnesses on the each dates fixed by the trial court.

6. The bail application stands disposed of with the above observation.

(Purnendu Singh, J) mantreshwar/- U T