Pritam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 34545 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- BARAHAT District- Banka ====================================================== Pritam Yadav S/o Bhawesh Yadav R/o village- Mirzapur, P.S.- Barahat, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Veer, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barahat P.S. Case No. 27 of 2022 lodged under Sections 25 (1b)a/26 of the Arms Act. As per the prosecution case, the recovery of one loaded pistol with live cartridge has made from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is in custody since 01.02.2022, charge sheet has already been filed in this case. On the point of criminal antecedent, there are total 6 cases pending against him in which

Patna High Court CR. MISC. No. 34545 of 2022(2) dt.16-09-2022 2/3 in some of them, bail was granted and in some of which he is persuading for bail.

In the present facts and circumstances of this case and the submissions made above, seeing short period of custody I am not inclined to grant bail to the petitioner at present. He may renew his prayer for bail after completion of custody of 1 year or 3 months after framing of charge whichever is earlier. Learned counsel for the State opposes the prayer for bail.

Speedy trial is the constitutional vision of justice. Admittedly, there are in total 7 criminal cases (including the present one) pending against the petitioner which belongs to the District and Session Judge Banka which are as follows: i. Banka P.S. Case No. 720 of 2020 lodged under Sections 379, 411 of the I.P.C.

ii. Banka P.S. Case No. 721 of 2021 lodged under Sectionx 147, 149, 323, 353, 307, 379, 427 of the I.P.C.

iii. Banka P.S. Case No. 750 of 2021 lodged under Sections 392 of the I.P.C.

iv. Banka P.S. Case no. 28 of 2022 lodged under Sections 147, 148, 149, 323, 332, 333, 353, 307, 506

Patna High Court CR. MISC. No. 34545 of 2022(2) dt.16-09-2022 3/3 of the I.P.C.

v. Barahat P.S. Case No. 29 of 2022 lodged under Sections 379, 411 of the I.P.C..

vi. Rajoun P.S. Case No. 479 of 2019 lodged under Sections 353, 332, 325, 504 of the I.P.C.

Let the District and Session Judge Banka is directed to do the needful so that all the magisterial triable cases and sessions triable cases prior to commitment shall run before one Magistrate with one date and all sessions triable cases after commitment, the session triable cases shall run before one Session Court with one date.

Let the copy of this order is communicated to the District and Session Judge Banka for perusal and necessary compliance.

(Dr. Anshuman, J.) ashishsingh/- U T