Md. Sarfaraz And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1342 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -GOGRI District- KHAGARIA ======================================================

1. Md. Sarfaraz Son of Md. Rasid

2. Md. Sajjad Son of Late Md. Jafil Both resident of village - Mirzapur Bardah, P.S- Muffasil, District - Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-03-2015 Heard the parties.

The petitioners seek bail in a criminal prosecution registered under Sections 25(1), (1-AA), 26 and 35 of the Arms Act.

Taking into consideration the fact that the petitioners were apprehended by the police on the spot in an alleged mini gun factory, while manufacturing the firearms and they are facing prosecution under Section 25 (1-AA) of the Arms Act, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of bail at this stage. Accordingly, the prayer for bail of the petitioners in connection with Sessions Case No. 319 of 2014 arising out of Gogari P.S. Case No. 92 of 2014, pending in the court of learned 1st Additional Sessions Judge, Khagaria, is rejected for the present.

Learned trial court is directed to expedite the trial of the petitioners and if charges have not been framed against them, then that must be framed without any unnecessary delay preferably within a period of one month from the date of receipt/production

Patna High Court Cr.Misc. No.1342 of 2015 (4) dt.04-03-2015 2/2 of a copy of this order. Thereafter, endeavours shall be made to conclude their trial within a period of six months. If the trial of the petitioners is not concluded within the aforesaid period of time, then they shall be at liberty to renew their prayer for bail. (Birendra Prasad Verma, J) BTiwary/- U T