Vir Bahadur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60664 of 2018 Arising Out of PS. Case No.-158 Year-2016 Thana- MALSALAMI District- Patna ====================================================== Vir Bahadur Yadav, son of Ram Nath Yadav@ Ram Nath Yadav, Resident of Village- Chamarpur, Police Station- Shahpur, District- Bhojpur (Ara). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajeeva Roy, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-10-2018 Heard Sri Rajeeva Roy, learned counsel for the petitioner. None appeared on behalf of the State. This is third attempt for grant of bail on behalf of the petitioner in Malsalami P.S. Case No.158 of 2016. Earlier, twice the prayer for bail of the petitioner was rejected, considering the fact that there was recovery of ganja and the case is under Sections 20, 22, 25 and 25A of the Narcotic Drugs & Psychotropic Substances Act, 1985. On the last occasion, while dismissing the prayer for bail of the petitioner, considering the fact that the petitioner was in custody since 10.06.2016, it was observed that the learned court below may take appropriate steps, so that the case may come to its logical end without unnecessary delay.

Learned counsel for the petitioner submits that despite

Patna High Court Cr.Misc. No.60664 of 2018(2) dt.10-10-2018 2/2 observation of this Court, after framing of charge, which was framed in the month of April,2018, till date not even a single witness has been examined.

Considering the fact that on last occasion, while dismissing the petition, observation was recorded to take appropriate steps, so that the case may come to its logical end without unnecessary delay, it is necessary to direct the concerned Superintendent of Police to take all steps for securing attendance of prosecution witnesses, as and when required by the trial court. The learned trial court is also required to abide by my earlier observation, so that the case may come to its logical end without unnecessary delay.

With above observation, the petition stands again dismissed.

Let a copy of this order be sent to the concerned Superintendent of Police.

(Rakesh Kumar, J.) nawalkrs/- U T