Lalan Prasad Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51718 of 2014 Arising Out of PS.Case No. -72 Year- 2013 Thana -RAJPUR District- EAST CHAMPARAN (MOTIHARI) ====================================================== Lalan Prasad Kushwaha, Son of Sita Ram Prasad @ Sita Ram Bhagat, Resident of Village-Sonoul, P.S-Rajepur, District-East Champaran .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 03-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Rajepur P.S. Case No. 72 of 2013 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act. According to the prosecution case, a country-made loaded pistol is alleged to have been recovered from possession of the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is in custody since 26th July, 2013 and till date the trial has not concluded.

On the other hand, learned counsel for the State has submitted that the petitioner has been made accused in several other cases. In reply, learned counsel for the petitioner has

Patna High Court Cr.Misc. No.51718 of 2014 (3) dt.03-03-2015 2 / 2 submitted that in all other cases the petitioner's name transpired on the basis of confession of co-accused and the petitioner has been remanded to judicial custody in those cases without any legal evidence.

Be that as it may, regard being had to the antecedent of the petitioner, I am not inclined to grant him bail for the present. Accordingly, the prayer for bail is rejected. As the petitioner is in custody since 26th July, 2013, the learned Judicial Magistrate-1st Class, Sikrahana, East Champaran at Motihari is directed to hold the trial on day-to-day basis and conclude the same as early as possible, preferably within four weeks from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail.

(Ashwani Kumar Singh, J.) Sanjeet/- U T