Patna High CourtCR. MISC./11987/2016rejected

Santu Chaudhary v. The State Of Bihar

2016-04-05Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11987 of 2016 (4) dt.05-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11987 of 2016 Arising Out of PS.Case No. -486 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Santu Chaudhary Son of Rasebak Chaudhary Resident of Village- Tarasi PS Mufasil distt Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudish Kumar For the Opposite Party/s Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 05.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 25 (I-b) A, 26 and 35 of the Arms Act.

Petitioner and two other accused were caught by the informant and other police officials and two country made loaded pistols were recovered from conscious possession of the petitioner whereas some firearms were recovered from possession of other accused persons.

Petitioner is in jail custody since 16.10.2015 and submission on behalf of the petitioner is that the petitioner is a disabled person and, as a matter of fact, he has been implicated in this case on mere suspicion.

Learned Addl. Public Prosecutor points out that learned Addl. Sessions Judge has already directed the trial court to conclude

Patna High Court Cr.Misc. No.11987 of 2016 (4) dt.05-04-2016 the trial of the petitioner within six months and gave liberty to the petitioner to renew his prayer for bail, if the trial is not concluded within the above stated stipulated period.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Bihar P.S. Case no. 486/2015 pending in the court of Chief Judicial Magistrate, Nalanda at Biharsharif stands rejected.

However, it is made clear that this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail petition of the petitioner in the light of order dated 11.2.2016 passed by Addl. Sessions Judge I, Nalanda at Biharsharif in B.P. no. 112/2016.

shahid (Hemant Kumar Srivastava,J) U T