Awadhesh Kumar Jaiswal @ Abodh @ Chuhwa @Awadhesh Prasad Jaiswal @ Awadhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17320 of 2016 Arising Out of PS.Case No. -104 Year- 2015 Thana -RAMKRISHNANAGAR District- PATNA ====================================================== AWADHESH KUMAR JAISWAL @ ABODH @ CHUHWA @AWADHESH PRASAD JAISWAL @ AWADHESH KUMAR, son of Late Nageshwar Prasad Jaiswal, resident of Chiksaura Bazar, P.S. Chiksaura, District- Nalanda. At present residing at Khemnichak, Road No.2, Back of Ford Hospital, P.S. Ramkrishna Nagar, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Rajendra Pd. Nat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 25 (1-b) A, 26 and 35 of the Arms Act and sections 13, 16, 18, 19 and 20 of the Unlawful Activities Act. Allegedly, acting on an information the petitioner was apprehended and from his possession one loaded country made katta, live cartridge and mobile, as per the seizure list, were recovered and further he disclosed regarding his involvement in the extremists activities of P.L.F.I. The petitioner further disclosed that he was in jail custody in a murder case and recently he has been released and thereafter he is involved in extremists activities.
Patna High Court Cr.Misc. No.17320 of 2016 (6) dt.11-07-2016 2/2 Submission is of false implication and that the petitioner has been made victim of the circumstances, nothing was recovered from his conscious possession and only on suspicion he has been apprehended and without any fault he is suffering in custody since 03.06.2015.
The learned A.P.P. seriously opposes prayer for bail by submitting that earlier bail application was filed after suppressing the criminal antecedent of the petitioner as only two cases were disclosed but thereafter in the supplementary affidavit further five cases have been disclosed and thus the petitioner is involved in seven more cases.
In the facts and circumstances as stated above, at present, I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Ram Krishna Nagar P.S. Case No. 104 of 2015 pending in the court of C.J.M. Patna.
However, let the trial be expedited and concluded as early as possible preferably within a period of six months from the date of receipt/production of a copy of this order, failing which the petitioner may be at liberty to renew his prayer for bail. (Jitendra Mohan Sharma, J) Abhay/- U T