IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.9610 of 2011
Dharmendra Kumar son of Late Jagannath Prasad Singh
Versus
Union of India Through Director
With
Cr.Misc. No.12639 of 2011
1. Prem Sah son of Mast Ram Sah
2. Aslam Ansari son of Amjad Ansari
Versus
The State Of Bihar
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3. 26.7.2011 Heard learned Counsel for the petitioners and
the State.
The petitioners seek bail in Muzaffarpur Sadar
P.S. case No.247 of 2009 instituted for the offence
u/ss.20/22 of the N.D.P.S. Act.
The petitioners were refused bail by an order
dated 27.4.2010 vide Cr.Misc.No.3290 of 2010 with
Cr.Misc.No.7441 of 2010 considering the manner in
which 35 kgs of ganja was being smuggled by the
petitioners.
The prayer for bail has been renewed on the
ground that there has been unnecessary delay in trial.
A report was called for from the Trial Court
which reveals that the case was pending for some
reason or the other including the supply of police papers
and finally charge was framed on 22.2.2011, where after
the witnesses are not turned up and then the court of 6 th
Additional Sessions Judge is vacant. The report of the
Sessions Judge, Muzaffarpur reveals that now the case
-2-
has been sent to 5th Additional Sessions Judge,
Muzaffarpur for trial.
The Trial Court (5th Additional Sessions Judge,
Muzaffarpur) is directed to send a list of the witnesses
fixing specific dates for production of the witnesses
along with a copy of this order to the S.P., Muzaffarpur
and the S.P., Muzaffarpur is directed to ensure
production of the witnesses on the date so fixed by the
Trial Court so that there is no further delay in trial.
The Director, F.S.L. is directed to send the
F.S.L. report with regard to the present case i.e.
Muzaffarpur Sadar P.S. case No.247 of 2009 dated
9.10.2009, if it has not sent already. The Director will
also cross check the report to ensure that a fake report
has not been sent to the Trial Court.
In view of nature of allegations, I am not
inclined to review the earlier order. The prayer for bail is
once again rejected.
Narendra/ ( Anjana Prakash, J. )