Patna High CourtCR. MISC./52128/2015rejected

Ramanand Mahton v. The State Of Bihar

2015-12-03Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52128 of 2015 Arising Out of PS.Case No. -34 Year- 2015 Thana -JAMALPUR District- MUNGER ====================================================== Ramanand Mahton son of Anik Mahton Resident of village- Shiv Nagar, P.S. Kasim Bazar, District- Munger .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-12-2015 Heard Sri Arvind Kumar Singh, learned counsel for the petitioner and Sri Uma Shankar Pd. Singh, learned Addl. Public Prosecutor.

The petitioner, who is in custody in Sessions Trial No. 165 of 2015 (arising out of Jamalpur P.S. Case No. 34 of 2015) registered for the offence under Sections 25(1-b)A/26(i)(ii) of the Arms Act, 1959, has prayed for grant of bail. Learned counsel for the petitioner submits that on the basis of statement of officer-in-charge, Jamalpur police station, an F.I.R. was lodged, regarding recovery of four country-made pistols. He further submits that the petitioner is in custody since 21-03-2015.

Learned Addl. Public Prosecutor has opposed the

Patna High Court Cr.Misc. No.52128 of 2015 (2) dt.03-12-2015 2/2 prayer of bail and he submits that the petitioner is having criminal antecedent and also charge in the present case has already been framed.

Keeping in view the nature of accusation and the fact that charge has already been framed, at the moment, the Court is not inclined to extend the privilege of bail. The prayer for bail stands rejected.

However, after two months, if trial is not concluded, the petitioner would be at liberty to renew the prayer for bail. Let a copy of this order be sent to the concerned Superintendent of Police for ensuring production of witnesses during the trial.

(Rakesh Kumar, J.) Anay U T