Butan Choudhary @ Harendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13932 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Butan Choudhary @ Harendra Choudhary Son of Late Janeshwar Choudhary, Resident of Village- Belaur, P.S.- Udwantnagar, DistrictBhojpur at Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Narayan Rai For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2017 The petitioner is in custody since 06.03.2016 in connection with Udwantnagar P.S. Case No. 128 of 2016, registered for offences punishable under Sections 25(1-b)A, 26(1), 26(11), 35 of the Arms Act.

It has been submitted on behalf of the petitioner that petitioner has been in custody for more than one year and this case petitioner and his whole family members have been falsely implicated.

Learned counsel for the State opposed the prayer for bail and submitted that police intercepted the vehicle of the petitioner and from the petitioner one A-K -47 rifle was recovered and from other members also rifles and guns etc. were recovered and also petitioner has criminal antecedent and, therefore, petitioner does

Patna High Court Cr.Misc. No.13932 of 2017 (3) dt.10-04-2017 2/2 not deserve the privilege of bail.

Having heard both sides, in view of the fact and circumstances of the case and also in view of the fact that petitioner has criminal antecedent as he is accused in as many as ten other cases, as such, I am not inclined to grant him privilege of bail, it is accordingly rejected.

However, the trial court is directed to expedite the trial of the petitioner and if possible on day to day basis. Superintendent of Police, Ara is directed to ensure production of witnesses on the date fixed by the court below so that the trial can be concluded within reasonable period of time. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T