Patna High CourtCR. MISC./15256/2016rejected

Md. Nasrullah @ Nanhu @ Naushad v. The State Of Bihar

2016-06-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15256 of 2016 Arising Out of PS.Case No. -28 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Md. Nasrullah @ Nanhu @ Naushad, son of Late Lal Mohammad, resident of village-Chakasim, P.S.-Muffasil, District -Munger. .... .... Petitioner

Versus

The State of Bihar. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 22-06-2016 Perused the report dated 16.05.2016 submitted by the learned Sub-divisional Judicial Magistrate, Munger in compliance with the order dated 06.04.2016. It would be apparent from the aforesaid report that the case of the petitioner has been committed to the Court of Sessions vide order dated 09.05.2016.

In the present application, the petitioner, whose application for bail was earlier rejected twice by this Court, has renewed his prayer for bail in connection with Muffasil P.S. Case No. 28 of 2014 registered under Sections 25(1-A), 25(1AA), 35(1-B)(a), 25(1-AC), 26(i)(ii), 35 of the Arms Act,

Patna High Court Cr.Misc. No.15256 of 2016 (3) dt.22-06-2016 2 / 2 Sections 124-A, 120-B of the Indian Penal Code and 17, 18, 19, 21 and 25 of the U.A.P. Act.

Regard being had to the reasons assigned in the earlier order dated 22.05.2015 passed in Cr. Misc. No. 18754 of 2015 by this Court, I am not inclined to grant bail to the petitioner for the present. Accordingly, the application for bail is rejected.

Since the petitioner is in custody for over two years, the learned Sessions Judge, Munger is directed to hold the trial of the petitioner on day-to-day basis and conclude the same as early as possible, preferably within nine months from today, failing which the petitioner would be at liberty to renew his prayer for bail before the court below itself. In such eventuality, the court below shall assign reasons as to why the trial could not be concluded within the stipulated period while passing order on merits on the application for bail.

Let a copy of the order be transmitted to the learned Sessions Judge, Munger.

(Ashwani Kumar Singh, J.) Sanjeet/- U T