Patna High CourtCR. MISC./44924/2015rejected

Mazid Mian v. The State Of Bihar

2016-02-01Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.44924 of 2015 (4) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44924 of 2015 Arising Out of PS.Case No. -35 Year- 2005 Thana -CHAKAI District- JAMUI ======================================================

1. Mazid Mian, Son of Bispat Mian, Resident of Village- Madhupur, P.S. Chakai, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s Mr. Bhanu Pratap Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 01.02.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is named in the first information report with specific allegation that he assaulted the deceased and other injured. Petitioner could be remanded in this case on 24.4.2015 whereas present occurrence took place in the year 2005. The contention on behalf of the petitioner is that co-accused Farid Mian and some others have already been granted privilege of bail but the aforesaid co-accused were granted privilege of bail either in the year 2005 or in the year 2009.

Taking into consideration the nature of allegation as well as previous conduct of the petitioner, I am not inclined to release him on bail and hence, his prayer for bail in connection with Chakai P.S. Case no. 35/2005 pending in the court of Sri Lalan Kumar, Judicial Magistrate, Ist Class, Jamui/ concerned court stands rejected, at least,

Patna High Court Cr.Misc. No.44924 of 2015 (4) dt.01-02-2016 at this stage.

However, the learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible, if case of the petitioner has already been committed to the court of sessions and furthermore, if case of the petitioner has not been committed to the court of sessions, the concerned court must commit the case of the petitioner to the court of sessions in accordance with law within two weeks from the date of receipt/production of a copy of this order.

shahid (Hemant Kumar Srivastava,J) U T