Sanjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30186 of 2018 Arising Out of PS.Case No. -171 Year- 2018 Thana -BANKA District- BANKA ====================================================== Sanjay Choudhary, Son of Mohilal Choudhary, Resident of VillageMirzapur, P.S.- Barahat, District- Banka. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 30(a)(g) and 32(3) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b)a and 26 of the Arms Act One country made pistol, 62 live cartridges and 36 litres of country made liquor are said to have been recovered from the house of the petitioner and the petitioner was apprehended. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized article. He has been falsely implicated in the case

Patna High Court Cr.Misc. No.30186 of 2018 (5) dt.26-07-2018 2/2 at the instance of his enemies by planting aforesaid recovery from his house. He has no criminal antecedent. He has been languishing in custody since 28.02.2018.

On the other hand, learned APP vehemently opposing the bail petition submitted that huge quantity of ammunition has been recovered from the house of the petitioner, hence he does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned Trial Court is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order and S.P., Banka is directed to ensure production of the witnesses in the case on each and every date fixed without fail. Let a copy of this order be communicated to S.P., Banka by fax for needful.

(Prakash Chandra Jaiswal, J) Mishra/- U T