IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17521 of 2011 Naresh Kumar Kandu Versus The State Of Bihar ---------------------------------- 3 17.8.2011 Heard learned Senior counsel appearing on behalf of the petitioner on renewal prayer which has been made on the ground of no progress in the trial and the petitioner is in custody. On the date of first hearing this Court had directed the submission of a report by the learned trial Judge on the stage of the trial and that report appears at Flag-X by which the learned trial Judge has reported that the trial will take six months’ time. So far prayer for bail is concerned, considering the time frame fixed by the trial court as also recovery of 10 Kgs of Ganja this Court is not inclined to release the petitioner on bail at this stage. The case is of the serious nature which was initiated on the written statement of S.I. Ramdeo Prasad Yadav of Kotwali(Gaya) police Station and in which the witnesses could be the members of the raiding party whose names appear in the written report. It has not been explained as to why the informant and other witnesses could not come to the court before the learned trial Judge. It may be a case in which the witnesses are simply avoiding to appear despite issuance of summons and processes by the learned trial Judge. I direct the Superintendent of Police, Gaya to ensure that S.I. Ramdeo Prasad Yadav along with the witnesses whose names appear in the written report dated 28.7.2009 which was the basis for registering Gaya Kotwali P.S. Case No.191 of 2009 are produced 2 within a period of one month and examined on day to day basis by the learned trial Judge. For ensuring production of S.I. Ramdeo Prasad Yadav the Superintendent of Police is directed to stop the salary of the said S.I. till he deposes in the court below and also presents a certificate obtained from the trial court to that effect and of being discharged after recording evidence. As regards the Home Guards who were members of the raiding party, the Superintendent of Police shall locate them by his personal indulgence and ensure by deputation of an officer in the rank of Sub Inspector of Police who might be posted in Gaya that they are also produced in the court below as indicated above. The court below shall give priority to the hearing of the N.D.P.S. Case No.10 of 2009 and record the evidence of all the witnesses as and when they are produced so as to concluding the trial within the time fixed, i.e., six months by delivering Judgment in the case. The learned trial Judge shall forward a copy of the list of witnesses from his corner to the Senior Superintendent of Police., Gaya for compliance and in case the Senior Superintendent of Police is found wanting in compliance of the order of this Court within one month, the learned judge will report the matter to this Court so that the action may be taken against him. AnilKrSinha (Dharnidhar Jha,J.)