Mithun Seth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52893 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -KANHAULI District- SITAMARHI ====================================================== Mithun Seth son of Late Ram Ishwar Seth, resident of village- Bishanpur Adhar, P.S.- Kanhauli, District- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nirmal Kumar Sinha-3, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Kanhauli P.S. Case No.22 of 2015 registered under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

Regard being had to the recovery of one country made loaded pistol from possession of the petitioner and his criminal antecedent, I am not inclined to grant him bail for the present. Accordingly, prayer for bail is rejected.

The learned Magistrate, Sitamarhi is directed to proceed with the trial on day-to-day basis and conclude the same as early as possible preferably within six months from the date of receipt/production of a copy of this order failing which the

Patna High Court Cr.Misc. No.52893 of 2015 (2) dt.05-02-2016 2/2 petitioner would be at liberty to renew his prayer for bail before the Court of Magistrate itself. In that circumstance, the learned Magistrate must assign reason as to why the trial could not be concluded within the stipulated period while disposing of the bail petition.

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