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Patna High CourtCR. MISC./36725/2020rejected

Vikas Kumar Singh @ Vikash Kumar Singh v. The State Of Bihar

2021-03-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36725 of 2020 Arising Out of PS. Case No.-112 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== VIKAS KUMAR SINGH @ VIKASH KUMAR SINGH Son of Anant Singh Resident of Village- Nayaka Barka Baiju Tola, P.S.- Rivilganj, District- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2021 Heard both sides.

The petitioner seeks bail in Rivilganj P.S. case No. 112/2020 registered 399/402 of the IPC u/s 25(1-b)a, 26 and 35 of Arms Act.

The informant after having received secret information about conspiracy of committing cognizable offence by the miscreants raided a place situated near Godna Mathiya Middle School and arrested the petitioner and two others. From the possession of the petitioner one loaded country made pistol and one live cartridge were recovered.

The learned counsel for the petitioner submits that petitioner is in jail since 09.04.2020. The petitioner has already remained in jail for about 11 months. Of course, the petitioner has got criminal antecedent but for recovery of one loaded country made and one live cartridge the petitioner has sufficiently been punished as he has remained in jail for 11 months.

Patna High Court CR. MISC. No.36725 of 2020(3) dt.01-03-2021 2/2 Taking into consideration the facts that one country made pistol and one live cartridge were recovered from the possession of the petitioner and the petitioner has got criminal antecedent and he is accused in as many as 14 cases registered under different Sections of the IPC including Arms Act, I am not inclined to enlarge the petitioner on bail, at this stage. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within four months from the receipt of this order.

The Superintendent of Police, Saran is directed to ensure the attendance of prosecution witnesses in the trial court so that the trial must be concluded within four months. Let a copy of this order be sent to the trial court and the Superintendent of Police, Saran for information and needful. If the trial is not concluded within four months, the petitioner, if so advised, may renew his prayer for bail. (Prabhat Kumar Jha, J) BKS/- U T