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Patna High CourtCR. MISC./78682/2018dismissed

Mishri Lal @ Nawal v. The State Of Bihar

2019-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78682 of 2018 Arising Out of PS. Case No.-322 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== Mishri Lal @ Nawal, S/o Mewa Lal, Resident of Village- Akaspur P.S. Kotwali District Fatehpur Uttar Pradesh.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2019 Earlier prayer for bail of the petitioner was rejected by this Court vide order dated 3.5.2017 in Cr.Misc.No. 19514 of 2017 with observation to conclude the trial within a period of nine months considering the allegation of recovery of 75 kg. of ganja.

Submission of learned counsel for the petitioner is that period of nine months has already expired and there is no progress in trial and petitioner is in custody since 20.8.2016. Heard learned APP and perused the report, from which it appears that charge has been framed and one witness has been examined out of five.

Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite the

Patna High Court Cr.Misc. No.78682 of 2018(3) dt.23-01-2019 2/2 trial by conducting it on regular basis so that the trial may be concluded at the earliest. At the same time, Senior Superintendent of Police, Gaya is directed to produce the witness in court on the date fixed.

With the above observation, this application is dismissed.

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