IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1130 of 2011
Bhairo Mahato @ Bhairo Prasad Mahato
Versus
The State Of Bihar & Anr.
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3. 23.08.2011 The petitioner was refused bail by an order dated
23.3.2010 since 190 Kgs of Ganja was recovered which
purportedly belonged to the present petitioner and other co-
accused persons who fled away. The petitioner has renewed
his prayer for bail on the ground that there is undue delay in
trial.
A report was called for from the Trial Court which
reveals that PW-3 was partly cross-examined on 10.3.2011
and since then the case is pending for his further cross-
examination. The Trial Court also notes that the prosecution is
exhibiting laxity in producing the witnesses.
Let this report be forwarded to the
Superintendent of Police, West Champaran, Bettiah, who shall
make enquiry as to whether, Dayanand Singh, the then
Investigating Officer, Sikta, had made himself available for
cross-examination on the date so fixed by the Trial Court and if
he had not done so without any cogent explanation, adequate
action is recommended against him for delay in the trial.
The Superintendent of Police, West Chamapran,
Bettiah, is also directed to ensure attendance of the rest of the
witnesses so that there is no further delay in trial.
2
Put up after four weeks awaiting the report of the
Superintendent of Police, West Champaran, Bettiah.
( Anjana Prakash, J.)
S.Ali