Upendra Chaudhary @ Upa Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.25910 of 2018 (2) dt.27-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25910 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -ATRI District- GAYA ====================================================== Upendra Chaudhary @ Upa Chaudhary, son of Suresh Chaudhary, resident of Village Chakra, PS Atri, District Gaya..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 27-04-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner, already in custody since 9.12.2017, seeks bail in Atari PS Case No. 305 of 2017, registered under Sections 399, 402, 414 of the IPC and Sections 25(1-b), 26, 35 of the Arms Act. The allegation in brief is that the police raided a place in the midnight on receiving information regarding assembly of criminals and apprehended a few but others escaped away, arms were recovered from the apprehended accused persons, disclosure of name of the petitioner was also made where after his house was raided and one country made rifle, two country made pistols and cartridges were recovered from his house.

Submission is that it is a joint house and the recovery is not from the conscious possession of the petitioner and the petitioner has no criminal antecedent.

Having considered recovery of number of fire arms from the house of the petitioner presently the prayer for bail of the petitioner is rejected.

However the trial court is directed to expedite the trial and preferably conclude the same within a period of nine months and if the trial does not conclude the petitioner may renew his prayer for bail.

Snkumar/- (Arun Kumar, J) U T