Tufan Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.47074 of 2014 (2) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47074 of 2014 Arising Out of PS.Case No. -51 Year- 2004 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Tufan Mian, son of Late Akbar Mian, resident of village - Mudla, P.S. Ramgarhawa, District - East Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 03-03-2015 Petitioner is in custody in relation to Raxaul P.S.Case No. 51 of 2004 instituted under Section 394 of the Indian Penal Code, in which trial has begun, being Trial No. 494 of 2014 pending in the court of Sub-Divisional Judicial Magistrate, Raxaul at Motihari.

Petitioner has been apprehended after 12 years. So far as antecedent is concerned, petitioner is also an accused in a case under Section 224 of the Indian Penal Code, i.e., escaping from custody. That case is of the year 2001.

In the facts aforesaid, I am not inclined to release the petitioner on bail at the present. If the trial is not concluded within one year, the petitioner would be at liberty to renew his prayer for bail.

(Navaniti Prasad Singh, J) spal/- U