Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52789 of 2015 Arising Out of PS.Case No. -26 Year- 2014 Thana -GARHPURA District- BEGUSARAI ====================================================== Chandan Kumar Singh, S/o Vidyanand Singh, resident of Village- Akbarpur Purani Deeh, P.S. Samho, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramesh Chandra , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Garhpura P. S. Case No. 26 of 2014 registered under Section 392 of the Indian Penal Code.

It is contended that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his conscious possession and though he is in custody since 22.06.2015, he has not been put on test identification parade till date.

On the other hand, learned counsel for the State has contended that the petitioner is a habitual offender and he has

Patna High Court Cr.Misc. No.52789 of 2015 (3) dt.01-02-2016 2/2 been made accused in at least seven other cases of identical nature. While on bail, he has always misused the privilege of bail.

Regard being had to the nature of allegation and the conduct of the petitioner, I am not inclined to grant him bail. Accordingly, the application for bail is rejected. The learned Chief Judicial Magistrate, Begusarai is directed to expedite the trial and conclude the same as early as possible, preferably within nine months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail before the Court below itself and in that circumstance the trial Court must assign reason as to why the trial could not be concluded within the stipulated period while disposing of the bail application.

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