Patna High CourtCR. MISC./14403/2017dismissed

Amresh Chaudhary v. The State Of Bihar

2017-03-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14403 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -PARWATTA District- KHAGARIA ====================================================== Amresh Chaudhary son of late Shaligram Chaudhary resident of village Kanhaiya Chak, P.S. Parbatta, District - Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Fakhruddin Ali Ahmad Mr.Mritunjay Kumar Jha For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 Heard the parties.

This application is for grant of bail in connection with Parbatta P.S.Case No.166 of 2016 (g.R.No.1568 of 2016) for the offence under Sections 47 of the Excise At and 25 (1-B)A, 26 and 35 of the Arms Act.

It is submitted on behalf of the petitioner that 750 ml. liquor and one country-made Pistol were seized from the house of the petitioner, while the petitioner was not present there and he is in custody since 26.12.2016.

Heard learned A.P.P. also.

Having heard both sides and from perusal of the F.I.R., it appears that from the house of the petitioner 750 ml. liquor as well as one country-made Pistol has been recovered and apart from that

Patna High Court Cr.Misc. No.14403 of 2017 (2) dt.27-03-2017 2/2 in Para -3 of the petition, it has been mentioned that the petitioner is accused in three other similar type of cases under Excise Act. In view of the above facts coupled with antecedent of the petitioner, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner is in custody for about three months, as such the learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of seven months and if not concluded, the petitioner is at liberty to renew his prayer for bail before the court concerned, who will consider the same on the basis of materials available at that time. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U