IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16257 of 2010 MUTUR RAM, SON OF LATE CHHOTE LAL, RESIDENT OF VILLAGE & P.S.- DIPNAGAR, DISTRICT- NALANDA AT BIHARSHARIF Versus STATE OF BIHAR ----------- 5. 10.06.2010. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 414 of the Penal Code and Section 7 of the Essential Commodities Act pursuant to First Information Report of Dipnagar P.S.Case No. 56 of 2010 dated 20.3.2010, Annexure-1. It is submitted on behalf of the petitioner that he and the other two accused of the said case are not connected with the kerosene oil seized from the dilapidated house in-question as the house does not belong to him or his other two cousin brothers who are made accused in the instant case. It is further submitted that aforesaid case has been lodged against the petitioner and the two of his cousin as Ajit Kumar one of the co-accused of the present case lodged the complaint case against Arun Kumar Upadhyay, the Block Supply Officer vide Complaint Case No. 1283C of 2009 in which enquiry under Section 192 Cr.P.C. is in progress. It is also submitted on behalf of the petitioner that prior to the filing of the complaint case Dinanath Ram, another cousin of the petitioner has filed informatory petition in the court of C.J.M., Biharsharif bearing Misc. Case No. 2123C7/09, photocopy of the certified copy of the said complaint case and the order dated 23.2.2009 passed in the said informatory petition is appended as Annexure-3 to this application. - 2 - Without going into the correctness or otherwise of the informatory case filed by Dinanath Ram and the complaint case filed by Ajit Kumar, I direct the Chief Judicial Magistrate, Nalanda at Biharsharif to expedite the enquiry pursuant to Complaint Case No. 1283C/2009 and conclude the same as early as possible, in any case within a period of two months from the date of receipt/production of a copy of this order, if not already concluded and until conclusion of the said enquiry no coercive steps be taken against the petitioner, named above, pursuant to Annexure-1 but after completing the enquiry the Chief Judicial Magistrate, Nalanda at Biharsharif should consider the prayer of the petitioner for grant of bail in Dipnagar P.S.Case No. 56 of 2010 dated 20.3.2010 in accordance with law in the light of his findings in the enquiry. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. P.K.P. (V.N.Sinha,J.)