Patna High CourtCR. MISC./10226/2018rejected

Prakash Kumar Pandey v. The State Of Bihar

2018-04-04Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10226 of 2018 Arising Out of PS.Case No. -282 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Prakash Kumar Pandey, Son of Ram Dinesh Pandey, Resident of VillageManipur, P.S.- Nokha, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Satyendra Narayan Singh ===================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act. The petitioner was apprehended by the police as the petitioner had consumed liquor. Thereafter, on disclosure of the petitioner, a stolen motorcycle was recovered from the referred place and in the motorcycle there was a loaded pistol and live cartridges. Petitioner is accused in 12 criminal cases as disclosed in para 3 of the bail petition.

Submission is that the petitioner is in custody since 31.10.2017. The recovery was not from conscious possession of the petitioner.

Patna High Court Cr.Misc. No.10226 of 2018 (3) dt.04-04-2018 2/2 Considering the nature of allegation and criminal antecedent of the petitioner, I am not inclined to enlarge him on bail for the present in connection with Nokha P.S. Case No. 282 of 2017 pending in the court of learned Chief Judicial Magistrate, Rohtas at Sasaram.

Hence, prayer for bail is refused.

However, the learned trial Judge is directed to expedite and conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail.

(Birendra Kumar, J) Kundan/- U T