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Patna High CourtCR. MISC./1373/2018rejected

Md. Chand Miyan @ Chand Miyan v. The State Of Bihar

2018-02-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1373 of 2018 Arising Out of PS.Case No. -212 Year- 2004 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. MD. CHAND MIYAN @ CHAND MIYAN, S/o Late Amin Miyan Resident of Village - Dharhara, Ara, P.S. - Ara (Town), District - Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 120B, 384, 386, 387, 307/34 of the Indian Penal Code and Section 25(1-b)A/26/27/35 of the Arms Act.

According to FIR, an unknown person came to the shop of the informant and asked for withdrawal of the case lodged against the petitioner. A firearm was seized from possession of that person. Petitioner is in custody since 01.08.2017. The petitioner has got criminal antecedent as the petitioner is involved in several serious criminal cases. Considering the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail for the

Patna High Court Cr.Misc. No.1373 of 2018 (3) dt.20-02-2018 2/2 present in connection with Sessions Trial No. 284 of 2017 arising out of Ara Town Police Station Case No. 212 of 2004 pending in the court of learned 2nd Additional Sessions Judge, Bhojpur, Ara. Hence, prayer for bail is refused.

The learned trial court is directed to expedite and conclude the trial within a period of one year from the date of receipt/production of a copy of this order. However, if the trial is not concluded within the aforesaid period, the court below shall consider the prayer for bail of the petitioner favourably. (Birendra Kumar, J) Kundan/- U T