Moni Singh @ Prabhakar Singh @ Dipak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21415 of 2020 Arising Out of PS. Case No.-142 Year-2018 Thana- MATIHANI District- Begusarai ====================================================== MONI SINGH @ PRABHAKAR SINGH @ DIPAK Son of Ram Sevak Singh @ Ram Sewak Singh Resident of Village - Ward No.1, Sihma, Near Shiv Mandir, Sihman Barari, P.S.- Matihani, Distt.- Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pritish Kumar Lal For the Opposite Party/s :
Mrs Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Matihani P.S. Case No. 142 of 2018 (Sessions Trial No. 91 of 2019) instituted for the offences under Sections 25(1-a), 25(1-aa) 25(1-b)a, 26 and 35 of the Arms Act.
The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application taking into account that there was recovery of A.K. 47 automatic rifle with
Patna High Court CR. MISC. No.21415 of 2020(4) dt.07-10-2020 2/3 live cartridges from the possession of the petitioner and further the petitioner had four criminal cases pending against him. A report was called for from the Trial Court. It has been reported that all the prosecution witnesses have been examined except the investigating officer and further F.S.L. report of the A.K.47 automatic rifle is awaited from the Office of the Director, F.S.L., Patna.
Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. The prayer is rejected.
The Director, F.S.L., Patna is directed to take all necessary steps to send the F.S.L. report of the arms in question to the Trial Court at the earliest preferably within a period of four weeks from the date of receipt of this order. Let a copy of this order be communicated to the Director, F.S.L., Patna.
The District Magistrate, Begusarai and the Superintendent of Police, Begusarai are also directed to ensure that on the next date fixed by the Trial Court, the investigating officer is produced for adducing his/her evidence in the Court so that the trial could be concluded at the earliest. Let this order be communicated to the District
Patna High Court CR. MISC. No.21415 of 2020(4) dt.07-10-2020 3/3 Magistrate, Begusarai and the Superintendent of Police, Begusarai.
(Sudhir Singh, J) Pankaj/- U T