← Library
Patna High CourtCR. MISC./25113/2016rejected

Kail Prajapati @ Akash Ji @ Satyanarayan @ Hargovgind Pandit v. The State Of Bihar

2016-09-21Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25113 of 2016 Arising Out of PS.Case No. -102 Year- 2014 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Kail Prajapati @ Akash Ji @ Satyanarayan @ Hargovgind Pandit S/o Inderdeo Prajapati R/o Village-n Ajan, PS Goh, in the District of Aurangabad, .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-09-2016 Heard.

Learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad has reported that the petitioner has been lodged in Aurangabad jail in connection with other case and in spite of issuance of reminder and show cause, the petitioner is not being produced before him in connection with the present case and the case record of the petitioner is still pending for his production. The petitioner is languishing in jail custody since 1804-2014 on the accusation that country-made carbine, four live cartridges of 3.5 bore and 9 live cartridges of AK-47 were recovered from his conscious possession.

In the aforesaid circumstance, prayer for bail of the petitioner in connection with Daudnagar P.S. Case No. 102 of

Patna High Court Cr.Misc. No.25113 of 2016 (3) dt.21-09-2016 2/2 2014 is, again rejected.

However, learned Sub Divisional Judicial Magistrate, Daudnagar must ensure the presence of the petitioner before him even by taking coercive steps against erring officials and, after securing the presence of the petitioner in the present case, the concerned court shall proceed with the case in accordance with law.

(Hemant Kumar Srivastava, J) A.K.V./- U T