IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46012 of 2008 ANIL MALI … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Akhileshwar Pd.Singh For the State: Shri Dashrth Mehta,APP ----------- 2. 18.12.2008 Heard. The case is under Sections 395 of the Indian Penal Code and the petitioner is rotting in custody since 31.7.2005. I may note down that I have not been able in appreciating the manner in which the Presiding Officer of the Fast Track Court, Ara, has justified the incarceration of the petitioner and I am simply pained to find that the learned Judge is resorting to the specious circumstances in justifying one’s incarceration which appears otherwise unjustified. The reason is that the petitioner had not been sent up through first chargesheet. The investigation was kept pending and after commitment of the part of the record to the court of Sessions in 2003, the police submitted another charghesheet sending up the petitioner for trial. This may be pointed out that while the charghesheet was submitted against the petitioner, still he was not in custody and when he surrendered 2 in 2005 the Chief Judicial Magistrate committed the petitioner to the court of Sessions without verifying as to whether there could be any material for putting the petitioner on trial. This is evident from the fact that the petitioner was not put on Test Identification Parade nor there was any recovery from him either of any theft properties and an inadmissible piece of evidence, i.e., the confessional statement of a co-accused made before the police, was the basis for taking cognizance and committal of the petitioner to the Court of Sessions. This is how the petitioner is in custody in a case pending before the Fast Track Court. Let the petitioner Anil Mali, under the above facts and circumstances, be released on his furnishing a personal recognizance bond of Rs. 500/- only, without any surety to the satisfaction of the Additional Sessions Judge, Fast Track Court No.4, Ara, in Sessions Trial No. 80 of 2008, arising out of Jagdishpur P.S.Case No. 219 of 2001. Kanth ( Dharnidhar jha, J.)