IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7005 of 2010 RAJESH KUMAR JHA S/O SHRI RATIKANT JAH, R/O V-BARHARWA, P.S.- SANICHARI KOTHI, DISTRICT WEST CHAMPARAN Versus THE STATE OF BIHAR with Cr.Misc. No.32587 of 2010 NARAYAN SAHNI S/O SRI INDERDEO SAHNI,R/O V + P.S.- HARSIDHI, DISTRICT- EAST CHAMPARAN Versus THE UNION OF INDIA ----------- 6 18/05/2011 Heard Mr. Rajendra Kishore Prasad, learned counsel appearing on behalf of petitioner Narayan Sahni in Cr. Misc. No. 32587 of 2010. Mr. Maqbool Ahamad, learned counsel representing the Union of India is present. No one appears on behalf of the petitioner Rajesh Kumar Jha in Cr. Misc. No. 7005 of 2010. Accordingly, this application is dismissed for want of prosecution. So far as the allegation against the petitioner Narayan Sahni is concerned he was the person who was driving the truck from which 119 Kg. of Ganja was seized. Grievance of the petitioner is that despite he is in custody since 15.3.2005 trial is not concluded and the trial is being delayed deliberately by the prosecution. Report received from the trial court shows that the accused Narayan Sahni was permitted to be transferred to the District Jail, Motihari for production 2 in the court of Shri L. B. Singh, J. M. Ist Class, Motihari and since then he has not been produced back to the court at Muzaffarpur despite the fact that 8 letters were issued by the court of the of Ist Additional Sessions Judge, Muzaffarpur. The provision for bail of an accused involved in dealing with commercial quantity is prescribed under Section 37 of the N. D.P.S. Act. This is a stringent provision and bail can only be granted if the Court come to the opinion that the accused appears to be innocent and also that he will not commit such offence after release on bail. Such finding cannot be given in the present case but it has to be borne in mind that accused cannot be kept indefinitely in custody for the laches of the prosecution. This is the fault of the prosecution that the petitioner Narayan Sahni is not being brought back to the court of the Ist Additional Sessions Judge, Muzaffarpur where his trial is going on. Learned Sessions Judge, Motihari is advised to see that in view of the letters written by the Ist Additional Sessions Judge, Muzaffarpur accused Narayan Shani should be produced at the court of Muzaffarpur where his trial is going on in connection with DRI Case No. 03 of 2005 Trial No. 7 of 2005/7 of 2006. 3 The trial court is also advised to conduct the trial of the petitioner Narayan Sahani on a day to day basis. Learned counsel representing Union of India is present and states that he will co-operate in the trial. Let this order be transmitted to the court concerned through fax if the cost is deposited by the petitioner. (Shyam Kishore Sharma, J.) avin