Kapildeo Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.38921 of 2016 (4) dt.02-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38921 of 2016 Arising Out of PS.Case No. -52 Year- 2015 Thana -DHOLBAJJA District- BHAGALPUR ======================================================

1. Kapildeo Singh S/o Late Bedanand Singh Resident of Village - Pachgachhiya, P.S. - Dholbajja (Kadwa O.P.), District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 02.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 25 (I-B)A, 26 and 35 of the Arms Act.

Taking into consideration that trial of the petitioner has already commenced and two prosecution witnesses have already been examined and one prosecution witness was partly examined, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Dholbajja (Kadwa O.P.) P.S. case no. 52/2015 stands rejected.

However, Sri Deepak Kumar Yadav, Judicial Magistrate, Ist Class, Naugachia/ concerned court is directed to conclude the trial of the petitioner within four months from the date of receipt/production of a copy of this order and if trial court fails to conclude the trial of the petitioner within the aforesaid period due to laches of the prosecution,

Patna High Court Cr.Misc. No.38921 of 2016 (4) dt.02-12-2016 petitioner may renew his prayer for bail before the learned trial court itself.

Shahid (Hemant Kumar Srivastava,J) U T