IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29867 of 2011
Ram Pravesh Chouhan @ Ram Pravesh Nonia @ Ram Prakash
Chouha
Versus
The State Of Bihar & Anr.
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2 19-09-2011 Heard learned counsel for the petitioner as well
as learned Additional Public Prosecutor for the state.
Petitioner is in jail custody since 14-10-2010 in
connection with Special Case No. 38 of 2010 arising out of
Kotwali P.S. Case No. 350 of 2010 on the allegation that
19 kg. Ganja was recovered from his conscious
possession whereas near about 5 kg. Ganja was
recovered from the possession of co-accused.
The contention of learned counsel for the
petitioner is that as a matter of fact, nothing has been
recovered from conscious possession of the petitioner and
even if it assumed that the aforesaid recovery was made
from possession of the petitioner, then also, the aforesaid
recovery is less than commercial quantity. It is also
contended by him that though charge has been framed
against the petitioner but uptill now, not a single
prosecution witness has been examined.
In the aforesaid circumstances, I do not feel it
proper to release the petitioner on bail. Accordingly, his
prayer for bail in connection with Special Case No. 38 of
2
2010 arising out of Kotwali P.S. Case No. 350 of 2010 is,
hereby, rejected.
However, learned trial court is directed to
expedite the trial of the petitioner and try to dispose of the
same as early as possible.
Let a copy of this order be sent to Senior
Superintendent of Police, Patna with direction to him to
ensure the presence of prosecution witnesses before the
trial court in connection with Special Case No. 38 of 2010
arising out of Kotwali P.S. Case No. 350 of 2010.
AKV/- ( Hemant Kumar Srivastava,J.)