Patna High CourtCR. MISC./7808/2017dismissed

Umesh Mahto v. The State Of Bihar

2017-02-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7808 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Umesh Mahto, S/o Late Rajdev Mahto, R/o Village- Birahhima Bazar, Kokhula, P.S.- Baruraj, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Rakesh For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 Heard the parties.

This application is for grant of bail in connection with Baruraj P.S.Case No.19/2016 for the offence under Sections 121, 121A, 414, 120(B) of the Indian Penal Code, 25 (1-b)a/26(ii)/35 Arms Act and 20/22 N.D.P.S. Act and 10, 11, 13, 17, 18, 18(A),19 and 20 U.A.P. Act.

It is submitted on behalf of the petitioner that in the present case one country-made Pistol has been recovered from the possession of the petitioner and he is in custody since 16.03.2016. It is further submitted that one co-accused has been granted bail and from that co-accused, two cartridges were recovered. Heard learned A.P.P. also, who has opposed the prayer for bail, stating that two persons were caught at the spot and 50 grams

Patna High Court Cr.Misc. No.7808 of 2017 (2) dt.22-02-2017 2/2 of 'heroin' has been recovered from this petitioner and one Pistol has also been recovered, as such he is not entitled for bail. Having heard both sides. In view of the fact that 50 grams of 'heroin' and one Pistol have been recovered from all the accused persons at the spot, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner is in custody since 16.3.201, the learned trial court is directed to expedite the trial and try to conclude it within a period of one year. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U