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Patna High CourtCR. MISC./40661/2023dismissed

Anil Mushar v. The State Of Bihar

2023-07-21Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40661 of 2023 Arising Out of PS. Case No.-23 Year-2009 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== ANIL MUSHAR Son of Sipahi Mushar Resident of village - Pawai, P.S. - Mufasil Aurangabad, Distt. - Aurangabad, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is an accused in connection with Aurangabad Town P.S. Case No. 23 of 2009 registered for the offences under section 395 of the Indian Penal Code lodged on 17.01.2009 by the informant, Bibhuti Narayan Singh. As per the prosecution story, the informant alleged that he called his wife to open the door whereafter he reached home on his motorcycle. As he tried to enter, the accused persons came and after threatening the informant, took away their belongings/ornaments/Rs. 25,000/-. Accordingly, the FIR. The FIR was lodged in 2009 and finally the petitioner chose to walk into custody and in the said circumstances, no

Patna High Court CR. MISC. No.40661 of 2023(2) dt.21-07-2023 2/2 relief can be granted to him as the trial could not be concluded due to his absence.

The bail application stands rejected with a direction to the Trial Court to conclude the Trial preferably within a period of one year in view of the fact that the matter is of 2009. (Rajiv Roy, J) Neha/- U T