Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14609 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== DIPAK KUMAR Son of Dasrath Bind Resident of Vill- Silauta, P.S.- Chand, Dist- Kaimur at Bhabua.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-10-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Chand P.S. Case No.150/2020 registered for the offences punishable under Section 3/4 of the Explosive Substance Act. He is in custody since 26.10.2020. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story three pieces of electronic detonator, one piece of Gelatin stick have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.14609 of 2021(4) dt.05-10-2021 2/2 Learned counsel submits that petitioner has no concern with the alleged seized articles and he is in custody in connection with this case since 26.10.2020 having no criminal antecedent. Mr. Ram Priya Sharan Singh, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein this Court has noticed from the materials placed on the record that from possession of the petitioner three pieces of electronic detonator, one piece of Gelatin stick and other materials have been recovered which were likely to be used in the act of explosion, this Court is not inclined to release the petitioner on bail at this stage. The prayer for bail is, thus, refused. Let the trial be expedited.

The learned trial court is expected to proceed with the trial as early as possible and conclude the same preferably within a period of nine months from the date of communication of this order. If the trial remains still unconcluded for no reason attributable to the petitioner, he may renew his prayer for bail. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.