IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29867 of 2011 Ram Pravesh Chouhan @ Ram Pravesh Nonia @ Ram Prakash Chouha Versus The State Of Bihar & Anr. ---------------------------------- 2 19-09-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 14-10-2010 in connection with Special Case No. 38 of 2010 arising out of Kotwali P.S. Case No. 350 of 2010 on the allegation that 19 kg. Ganja was recovered from his conscious possession whereas near about 5 kg. Ganja was recovered from the possession of co-accused. The contention of learned counsel for the petitioner is that as a matter of fact, nothing has been recovered from conscious possession of the petitioner and even if it assumed that the aforesaid recovery was made from possession of the petitioner, then also, the aforesaid recovery is less than commercial quantity. It is also contended by him that though charge has been framed against the petitioner but uptill now, not a single prosecution witness has been examined. In the aforesaid circumstances, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Special Case No. 38 of 2 2010 arising out of Kotwali P.S. Case No. 350 of 2010 is, hereby, rejected. However, learned trial court is directed to expedite the trial of the petitioner and try to dispose of the same as early as possible. Let a copy of this order be sent to Senior Superintendent of Police, Patna with direction to him to ensure the presence of prosecution witnesses before the trial court in connection with Special Case No. 38 of 2010 arising out of Kotwali P.S. Case No. 350 of 2010. AKV/- ( Hemant Kumar Srivastava,J.)