IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5053 of 2009 SHYAM NATH THAKUR, S/o Dharkan Thakur, resident of Village – Mani Bhakarahar, P.S. – Sarai, District – Vaishali. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 04/ 27.04.2009 Heard Sri S.S. Sinha ‘Shyam’, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. This is, indeed, tragic that the petitioner is in custody without trial and further that this case lies in a vacant court as may appear from the report submitted by the 5th Additional Sessions Judge I/C, Muzaffarpur by his letter No. 157/09 dated 2.3.2009. Let a copy of this order be separately communicated to the Sessions Judge, Muzaffapur through fax with direction that he will ensure that the case is tried either by him or by any court which has a competent, hard working Judge. Considering the recovery of the contraband article, i.e., Ganja, which was 650 kgs., I am not inclined to direct the release of the petitioner in spite of the fact that the driver has been granted bail as per the submission by a Bench of this court. The refusal order is being based in expectation - 2 - that the case is disposed of within six months time from the date of receipt of a copy of the present order. The case being not disposed of as indicated above, the petitioner may directly come before this Court for bail with a fresh prayer. DKS/ (Dharnidhar Jha, J.)