Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35566 of 2012 ====================================================== Mukesh Tiwary .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVA KIRTI SINGH ORAL ORDER 2 19-09-2012 Heard learned counsel for the petitioner and perused the earlier order of this court dated 05-08-2003 (anneuxre-1) as well as order of the 6th Additional Sessions Judge, Muzaffarpur dated 07-07-2012 whereby the prayer for bail has been rejected. Initially this court rejected petitioner’s prayer for bail on 05-08-2003 after noticing the nature of offence [STATUTE] served that trial should begin at an early date preferably within six months. The order of the Sessions court and the averments in the bail petition disclose that after remaining in custody for only 11 months in connection with this case the petitioner was sent to District Jail, Motihari in connection with two other cases and he absconded from custody on 16-03-2004. He was remanded in the present case on 24-12-2011 and, therefore, in connection with present case he has been in custody only for about two years. It has been submitted that charges have been framed in the present case on 01-06-2012. Considering all the facts and circumstances, the prayer for bail is again rejected at this stage. The trial court is directed to expedite the trial and make Patna High Court Cr.Misc. No.35566 of 2012 (2) dt.19-09-2012 2 / 2 2 efforts to conclude the same without any delay, preferably, within nine months from the date of production/ communication of a copy of this order. BKS/- (Shiva Kirti Singh, J)

Applicable IPC Section: 392

Statute Text:
Section 392 of the Indian Penal Code. Robbery. Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.