Umesh Rai @ Nutan @ Mutan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10551 of 2017 Arising Out of PS.Case No. -329 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== UMESH RAI @ NUTAN @ MUTAN, Son of Bhola Rai, Resident of Village- Noontar, P.S.- Hajipur Town, District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 This is an application for grant of regular bail for offences punishable under Section 392 of the Indian Penal Code and 27 of the Arms Act.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R. His name has transpired during investigation of the case. Though it is alleged in the present case that the accused persons have covered their face, and however, T.I.P. was held in this case and petitioner has been identified, that makes identification of petitioner in T.I.P. doubtful. He is in custody since 18.07.2016.

Heard learned A.P.P. also. He opposed prayer for

Patna High Court Cr.Misc. No.10551 of 2017 (2) dt.21-03-2017 2/2 bail on the ground that petitioner has been identified in the T.I.P. Having heard both sides and also considering the fact that he has been identified in the T.I.P., I am not inclined to grant bail to the petitioner, the same is rejected. However, the court below, i.e., Chief Judicial Magistrate, Vaishali at Hajipur, is directed to expedite the trial of the petitioner in connection with Hajipur Town P. S. Case no. 329 of 2016 and conclude the same within a period of one year. If the trial is not concluded within the stipulated period, petitioner may renew his prayer for bail.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sudip/- U T