Chandani Mahto @ Chandaniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16352 of 2015 Arising Out of PS.Case No. -150 Year- 2011 Thana -SONBERSA District- SITAMARHI ======================================================

1. Chandani Mahto @ Chandaniya son of Late Sonelal Mahto resident of village- Hari Bela, P.s Bathnaha, District Sitamarhi .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is languishing in custody since 12.11.2011 in a case registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Section 25 (1-B) A, 26/35 of the Arms Act.

This is the fourth round of litigation wherein the petitioner had approached this Court with respect to the said offence. On earlier occasion on 22.06.2015, a report was called for from the Court of Additional Sessions Judge, 1st, Sitamarhi. A report has come on 30.06.2015, wherein it has been stated that all material witnesses have been examined except Sergeant major, who had examined the seized arms and

Patna High Court Cr.Misc. No.16352 of 2015 (3) dt.12-08-2015 2/2 ammunitions. Summon has already been issued to Sergeant major through S.P., Sitamarhi and as soon as the said Sergeant Major is produced the trial of the case, which will be concluded. Considering the aforesaid facts, I am not inclined to grant bail to the petitioner, which is hereby rejected. However, the petitioner may renew his prayer after four months. (Nilu Agrawal, J) Sudha/- U T