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Patna High CourtCR. MISC./21650/2016rejected

Upendra Rai v. The State Of Bihar

2016-05-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21650 of 2016 Arising Out of PS.Case No. -68 Year- 2016 Thana -KESARIA District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Upendra Rai son of Ojir Rai, resident of Village- Sundrapur Pachiyari Tola, P.S. Kesariya, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Shailendra Kumar-2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Kesariya P.S. Case No. 68 of 2016 registered under Sections 25(1-B)(a), 26, 35 of the Arms Act and Section 17 of the Criminal Law Amendment Act.

Regard being had to the fact that one country made loaded pistol is alleged to have been recovered from the possession of the petitioner, I am not inclined to grant him bail for the present. Accordingly, the application for bail is rejected. The court below is directed to frame charge against the petitioner forthwith and proceed with the trial. If the trial is not concluded within six months from the date of framing of charge,

Patna High Court Cr.Misc. No.21650 of 2016 (2) dt.19-05-2016 2/2 the petitioner would be at liberty to renew his prayer for bail before the court below itself.

(Ashwani Kumar Singh, J) Pradeep/- U T