SHAHABUDDIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Y.V. Giri learned Sr. counsel for the petitioner. Mr. Birendra Kr. Sinha learned Sr. Counsel for the Presiding Officer. Fast Track Court Mr. Rakesh Kumar learned Standing Counsel. C.B.I. Mr. Lala Kailash Bihari Prasad learned counsel appearing as amicus curiae and the learned Govt. Advocate Mr. S.D. Yadav.

(2.) In view of the direction of the Hon'ble Supreme Court passed in Criminal Appeal No. 1242 of 2004, arising out of SLP (Crl). No. 3778 of 2004. On 1st November, 2004 this order shall dispose of the contempt proceedings initiated against the petitioner and the Presiding Officer. Fast Track Court together with bail prayer of the petitioner on merit.

(3.) The petitioner is in custody and facing trial in Sessions Trial No. 63 of 2004 arising out of Siwan (Mufassil) P.S. case no. 8 of 2001 for offences under Sections 364/34 IPC and 27 of the Arms Act. Earlier trial of petitioner was being conducted by the then Presiding Officer. Fast Track Court Sri Anan Prasad Srivastava. Siwan, but now trial of petitioner is pending before the learned Sessions Judge Siwan.