Chabila Paswan v. The State Of Bihar
Patna High Court Cr.Misc. No.49672 of 2014 (3) dt.13-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49672 of 2014 Arising Out of PS.Case No. -151 Year- 2001 Thana -DHANARUA District- PATNA ======================================================
1. Chabila Paswan son of late Munshi Paswan resident of village- Badhali Bigha, P.S.- Hilsa, District- Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s Mr. Md. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 13.04.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner is named in the first information report. Although charge sheet has been submitted under sections 302, 382/34 of the Indian Penal Code and 27 of the Arms Act showing the petitioner as an absconder but it appears to me that the fact of the case constitutes an offence punishable under section 396 of the Indian Penal Code.
Moreover, alleged occurrence took place in the year 2001 and the petitioner has been remanded in this case on 27.6.2014 and therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release him on bail and accordingly, his prayer for bail in connection with Dhanarua P.S. case no. 151/2001 pending in the court of Sub divisional Judicial Magistrate, Masurahi District Patna stands rejected. However, the concerned court is directed to commit the case
Patna High Court Cr.Misc. No.49672 of 2014 (3) dt.13-04-2015 of the petitioner to the court of sessions in accordance with law within two weeks from the date of receipt/production of a copy of this order and after commitment, the sessions court should expedite trial of the petitioner and try to conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T