Bhallu @ Ajit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36687 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- MEHANDIGANJ District- Patna ====================================================== Bhallu @ Ajit Yadav Son Of Late Ashok Kumar Lal, Resident of villageMogalpura Kath Ka pul P.S.- Mehandiganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate Mr. Niranjan Kumar Singh, Advocate For the Opposite Party/s :

Ms.Veena Kumari Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 Let the defect(s), 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 P.T. N. 663 of 2022 arising out of Mehandiganj P.S. Case No. 36 of 2022 lodged under Sections 399 and 402 of the Indian Penal Code read with sections 25(1-b)a, 26 and 35 of the Arms Act. As per prosecution, the recovery of desi katta and live cartridges were alleged to be recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 20.02.2022 and charge sheet has

Patna High Court CR. MISC. No.36687 of 2022(2) dt.21-09-2022 2/3 already been filed in this case. On the point of criminal antecedent, learned counsel for the petitioner submits that there are 6 criminal cases pending against the petitioner. He further submits that petitioner is on bail in all cases. Learned counsel for the petitioner further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner at present but petitioner may renew his prayer for bail after 3 months from the date of framing of charge. Trial Court is directed to release the petitioner on bail imposing its own conditions, so that petitioner shall not evade his presence during trial.

Speedy trial is the constitutional vision of justice. Admittedly, there are 7 criminal cases pending against the petitioner including present one and all cases belongs to the District Sessions Judge, Patna, which are as follows :-

1. Khajekalan (Mehandiganj) P.S. Case No. 68 of 2001,

2. Khajekalan (Mehandiganj) P.S. Case No. 172 of

Patna High Court CR. MISC. No.36687 of 2022(2) dt.21-09-2022 3/3 2004,

3. Khajekalan (Mehandiganj)P.S. Case No. 93 of 2006, 4.Khajekalan (Mehandiganj) P.S. Case No.95 of 2004, 5.Khajekalan (Mehandiganj) P.S. Case No.15 of 2013, 6.Mehandiganj P.S. Case No.143 of 2021, 7.Mehandiganj P.S. Case No.36 of 2022.

Let the District and Sessions Judge, Patna is directed to do the needful, so that all the cases of which are magisterial triable or sessions triable prior commitment shall run before one Magistrate with one date and all cases which are sessions triable after commitment shall run before one sessions court with one date.

Let the copy of this order be communicated to the District and Sessions Judge, Patna for his perusal and necessary compliance.

With these observations, the bail application stands rejected.

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