Laloo Mian @ Lal Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39809 of 2015 Arising Out of PS.Case No. -28 Year- 2014 Thana -BETTIAH TOWN District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Laloo Mian @ Lal Mian, son of Rifuzee Mian,

2. Saddam Hussain, son of Khedu Mian, Both are residents of village-Baswariya Dhuniya Patti, P.S.-Bettiah Town, District-West Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. L.K.Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 26-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in connection with Trial No. 3725 of 2015 arising out of Bettiah Town P.S. Case No. 28 of 2014 registered under Sections 379 and 411 read with 34 of the Indian Penal Code and Section 25(1-B)(a) of the Arms Act. The prayer for bail of the petitioners was earlier rejected by this Court vide order dated 05.12.2014 passed in Cr. Misc. No. 43521 of 2014 with following observation:- "Since the petitioners are in custody, the learned Chief Judicial Magistrate, Bettiah, West

Patna High Court Cr.Misc. No.39809 of 2015 (2) dt.26-08-2015 2 / 2 Champaran is directed to hold the trail of the petitioners on day-to-day basis and conclude the same as early as possible preferably within six months from the date of receipt/production of a copy of this order, failing which the petitioners were would be at liberty to renew his prayer for bail."

It is contended that though the petitioners are in custody since 15.01.2014, till date charges have not been framed. Regard being had to the observations made in the aforesaid order dated 05.12.2014, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate-1st Class, Bettiah, West Champaran in connection with Trial No. 3725 of 2015 arising out of Bettiah Town P.S. Case No. 28 of 2014. (Ashwani Kumar Singh, J.) Sanjeet/- U T