Nek Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3164 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -PATAHI District- EAST CHAMPARAN (MOTIHARI) ====================================================== Nek Mohammad, Son of late Tabarak, Resident of Village-Barewa, P.O+Police Station- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-02-2017 The petitioner seeks bail in connection with Patahi P.S. Case No. 8 of 2016 registered under Sections 399, 402, 414 of the Indian Penal Code, 25(1-B)(a), 26 and 35 of the Arms Act.

The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 20.05.2016 with observation that in case the trial is not completed within seven months from the date of framing of charge, he would be at liberty to renew his prayer for bail.

It is submitted by the learned counsel for the petitioner that on 23rd September, 2016 the commitment of the

Patna High Court Cr.Misc. No.3164 of 2017 (2) dt.08-02-2017 2 / 2 case was made to the Court of Sessions and since then the charges have not been framed.

Be that as it may, as the charges have admittedly not been framed, I am not inclined to grant bail to the petitioner in the light of the aforesaid order dated 20.05.2016 whereby liberty has been granted to the petitioner to renew prayer for bail if trial is not completed within seven months from the date of framing of charge.

Accordingly, the application is rejected.

(Ashwani Kumar Singh, J.) Sanjeet/- U T