IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39874 of 2009 MD. IRSHAD MIYAN @ MD.IRSHAD son of Md. Allaudin, resident of village- Dehad, P. O.- Dehad, P. S. Sonbarsa and Distt.- Saharsa… Petitioner. Versus STATE OF BIHAR ----------- 2. 23.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner is facing prosecution for offence under Sections 379,386/34 as also some other allied sections of the Indian Penal Code. It is said that the petitioner had demanded a ransom for a sum of Rs.50,000/- and had also assaulted the informant and his as also taken away the wrist watch. Learned counsel for the petitioner on being asked about the criminal antecedent of the petitioiner would submit that he can explain it by filing a supplementary affidavit. This court would find that the petitioner is in custody 20.7.2009 and had moved before the court below at a point of time when the investigation was incomplete. Since the charge-sheet must have been filed by now and investigation as against the petitioner must have been complete, this 2 court would give liberty to the petitioner to move once again before the court below wherein this time the court below would also examine the criminal antecedent of the petitioner and the entire materials in the case-diary and would pass its order without being influenced by rejection of this premature application. With the aforementioned observations, this application is disposed of. kanchan (Mihir Kumar Jha, J.)