Patna High CourtCR. MISC./348/2015dismissed

Imamuddin Mian v. The State Of Bihar

2015-01-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.348 of 2015 Arising Out of PS.Case No. -175 Year- 2013 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== Imamuddin Mian, S/o Taufique Ahmad, R/o Village - Kattalpur, P.S. Baikunthpur, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-01-2015 Heard both sides.

The petitioner seeks bail in Baikunthpur P.S. Case No. 175 of 2013 for the offences under Sections 302, 307, 380 of the Indian Penal Code, Section 27 of the Arms Act, Sections 3/4 of the Explosive Substances Act and Section 17 of the C.L.A. Act. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was earlier rejected by a Bench of this Court vide order dated 02.04.2014 passed in Cr. Misc. No. 1052 of 2014, but the case has not yet been committed to the Court of Sessions and no substantial progress has been made. The petitioner is in jail since 08.09.2013 and no overt act has been attributed against the petitioner.

While rejecting the prayer for bail, all the facts were considered and, therefore, I am not inclined to enlarge the

Patna High Court Cr.Misc. No.348 of 2015 (2) dt.07-01-2015 2/2 petitioner on bail at this stage. Accordingly, the prayer for bail is rejected.

The learned Chief Judicial Magistrate, Gopalganj, who is in seisin of Baikunthpur P.S. Case No. 175 of 2013, is directed to commit the case forthwith and, upon commitment, the learned Sessions Judge shall make all efforts to conclude the trial within nine months from the date of receipt of this order. If the trial is not concluded within the aforesaid stipulated period of time, the petitioner may renew the prayer for bail.

(Prabhat Kumar Jha, J) Dilip/- U T