Tanaveer Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25145 of 2020 Arising Out of PS. Case No.-110 Year-2001 Thana- BAGHA District- West Champaran ====================================================== TANAVEER ALAM S/o Late Ahamad Khan, Resident of Village-Mastan Toli, P.S.-Bagaha, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prithvi Nath Mishra, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-10-2020 Heard both sides through Video Conferencing.
Petitioner seeks bail in Bagaha P.S. Case No.110 of 2001 registered under Sections 302 and 34 of the IPC and under Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. The name of the petitioner surfaced in the case during the course of investigation. It is further submitted that the petitioner is not an absconder. The petitioner was residing in Motihari. The petitioner works as electrician but the petitioner was arrested and he is in custody since 06.01.2020. The petitioner has already remained in jail for about ten months, but it appears from perusal of the case-diary that during the course of investigation, the petitioner and other accused persons are found to have conspired and killed the
Patna High Court CR. MISC. No.25145 of 2020(3) dt.20-10-2020 2/2 brother of the informant. The petitioner is an absconder and on account of being absconder, the trial was stalled. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected.
The Court in seisin is directed to commit the case to the Court of Sessions forthwith and the Sessions Judge/Additional Sessions Judge shall hold the trial on day to day basis after framing of charge and conclude the trial within six months from the date of framing of charge. If the trial is not concluded within six months from the date of framing of charge, the petitioner may renew his prayer for bail. (Prabhat Kumar Jha, J) Harish/- U T