IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39848 of 2009 KRISHNA PASWAN @ KISHNA PASWAN Son of Sri Suresh Paswan @ Bihari Paswan r/o village Parsawa P.S. Sherwa, District-Parsha Nepal. Versus STATE OF BIHAR ----------- 2 19/11/2009 Heard counsel for the petitioner and counsel for the State. Considering the fact that there is recovery of one and half kilogram of Charas from the conscious possession of the petitioner coupled with the fact that the petitioner is not an Indian Citizen and in fact belongs to Nepal from where such contraband can easily be brought and that he was caught in the company of other co- accused Md. Nazarul Mian who also was carrying two kilograms of Charas, this Court is not inclined to grant bail to the petitioner till he would complete his judicial custody for a period of 1-1/2 years. At the same time, since the petitioner and co-accused Md. Nazarul Mian are only two accused in this case the trial against them can be definitely concluded at an early date as almost all the witnesses are official witnesses, this Court would direct the trial court to ensure that trial of the petitioner is also concluded within a period of one year from the date of receipt/production of a copy of this order. If trial of the petitioner is not concluded within the aforementioned period the petitioner on completing his judicial custody of one and half years shall be at liberty initially to move the trial court which will be under obligation to record reasons for not concluding the trial, whereafter only the petitioner may renew his 2 prayer for bail before this Court. Abhay Kumar (Mihir Kumar Jha, J.)