IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26778 of 2011 Buchan Mian @ Buchchan Misan Versus The State Of Bihar -------- 04/ 03.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 4.6.2011 in a case registered under sections 395 and 397 of the IPC in the year 1990. Petitioner is named in the first information report and in course of investigation some witnesses also claimed to have identified the petitioner committing the alleged crime. Learned counsel for the petitioner submits that the petitioner was not aware about institution of the instant case and, as a matter of fact, when the petitioner was remanded in this case, he came to know about his implication in the present case. It is also pointed out by him that some co-accused persons were put on trial and in the trial of co-accused so-called eye-witnesses have not named the petitioner and other accused. Admittedly, alleged occurrence took place in the year 1990 and the petitioner could be apprehended in the year 2011. Apart from this, petitioner carries criminal antecedent and, therefore, considering the above stated facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner in connection with Pothia P.S. Case no. 147/1990 pending in the court - 2 - of the Chief Judicial Magistrate, Kishanganj stands rejected. However, the Chief Judicial Magistrate, Kishanganj is, hereby, directed to commit the case of the petitioner to the court of Sessions in accordance with law within three weeks from the date of receipt of this order and after commitment, the trial court shall expedite the trial of the petitioner. shahid (Hemant Kumar Srivastava,J)