CRIMINAL MISCELLANIOUS No.24174 OF 2002 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1. SUBHASH CHANDRA MISHRA, SON OF LATE RAM PYARE MISHRA, RESIDENT OF VILLAGE TUBEWELL COLONY, P.S. KOTWALI DEWARIA, DISTRICT DEWARIA (U.P.) 2. AJAY KUMAR PANDEY, SON OF ANAND SHANKAR PANDEY, RESIDENT OF VILLAGE BARATHI, P.S. MACAL, DISTRICT DEWARIA (U.P.) 3. DRONACHAYA DUBEY, SON OF THAKUR PRASAD DUBEY, RESIDENT OF VILLAGE BAIRIYA TIWARI, P.S. BARHAJ, DISTRICT DEWARIA (U.P.) ------------------------------------------------------------------------------------------ PETITIONERS Versus THE STATE OF BIHAR ------------------------------------------------------------------------------------ OPPOSITE PARTY For the petitioners :- Mr. Mohan Kumar Mishra, Sr. Advocate Mr. Krityanand Jha, Advocate For the State :- Mr. Jharkhandi Upadhyay, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. Heard learned counsel for the petitioners and the counsel for the State. 2. Petitioners are accused in two cases numbered as Siwan Muffasil P.S. Case Nos. 23/1995 and 24/1995. One is under the Arms Act and the other is under Sections 399 and 402 of the Indian Penal Code. It has been observed that the matter is pending because three persons are absconding in the case. 3. Learned counsel for the petitioners submits that they were carrying 2 licensed arms and were going to attend a wedding when they were arrested for violation of Traffic Rules and were taken into Hajat and mixed up with other criminals by the police personnel. It is further submitted that there is no evidence to show that the petitioners were in the process of going to commit dacoity. This aspect of the matter would have to be examined after evidence is led in this case. 4. I accordingly direct the Court concerned to expedite the trial. The petitioners should co-operate during trial. In case the other co-accused persons are absconding, the petitioners’ trial should be separated from others. This application is disposed of with the aforesaid observation and direction. I see no reason to interfere with the order passed by the Sessions Judge, Siwan in S.T. No. 341 of 2000. 5. That office is directed to communicate this order by FAX to the Court of the Sessions Judge, Siwan immediately. Patna High Court, The 24th of January, 2011, Sanjay/N.A.F.R. ( Sheema Ali Khan, J.)