Shankar Turi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28636 of 2020 Arising Out of PS. Case No.-157 Year-2017 Thana- CHANDAN District- Banka ====================================================== Shankar Turi, aged about 60 years, Male, Son of Huro Turi, Resident of Village - Khas Parariya, P.S.- Chandan (Anandpur), District - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad, Advocate For the State :

Mr.Binod Kumar No.2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2021 The petitioner is in custody since 11.11.2018 in connection withChandan (Anandpur) P.S. Case No.157 of 2017, registered for offences punishable under Sections 121, 121(A), 120(B) of the Indian Penal Code, Section 3⁄4 of the Explosive Substances Act, Sections 16, 17, 18, 19, 20, 21 and 22 U.A.P. Act and Section 17 of the C.L.A. Act.

Allegation as per F.I.R. is that police received information that a naxalite is coming in the village and on that information police raided the village and arrested the petitioner, who disclosed Naxal community has given explosive substance which she has kept in a ditch near Katahar river and on that information, the explosive substances were recovered. Impugned order further shows that the report shows that the explosive substance was examined by the expert and the

Patna High Court CR. MISC. No.28636 of 2020(4) dt.20-01-2021 2/2 substance contained Potassium Chlorate mixed with arsenic Sulphide, which are used for preparation of bomb. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and nothing has been recovered from his possession. The petitioner is in custody since 11.11.2018.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of this case, at this stage, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with Chandan (Anandpur) P.S. Case No.157 of 2017 pending in the court of learned Chief Judicial Magistrate, Banka is hereby rejected. However, learned trial court is directed to expedite the trial and try to conclude the same within a period of 9 months. If not concluded and there is no laches on the part of the petitioner, the petitioner shall be released on bail by the learned Trial Court itself.

(Anjani Kumar Sharan, J) Nasimul/- U T