Birendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25344 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -JAMHORA District- AURANGABAD ====================================================== Birendra Pandey, son of Late Ganesh Dutt Pandey, resident of Mohalla Krishna Nagar Ahari, P.S. Sadar Aurangabad, District Aurangabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 25(1-B) A/26/35 of the Arms Act.

Allegation against the petitioner is that huge quantity of arms and ammunition along with other incriminating articles are said to have been recovered from the vehicle, in which, the petitioner was traveling along with other accused persons.

Earlier the bail application of the petitioner was rejected vide order dated 09.08.2016 taking into account that huge quantity of arms and ammunition along with other incriminating

Patna High Court Cr.Misc. No.25344 of 2016 (4) dt.22-03-2017 2/3 articles were recovered from the vehicle, in which, the petitioner and other accused persons were travelling. A direction was given to the court below to take all necessary steps to conclude the trial preferably within a period of seven months, from the date of receipt/production of a copy of the order.

Vide letter no. 04 of 2017, the trial court has requested for a further extension of six months time to conclude the trial. The evidence has already been closed and an application under Section 311 of the Cr.P.C. was filed on behalf of the prosecution. The said application was rejected by the trial court and the prosecution has preferred a revision against the said order before the District Judge, Aurangabad. The District and Sessions Court has called for record of the present case in connection with Revision application.

Considering the aforesaid facts and circumstances, the Trial Court is granted a further period of six months to conclude the trial from the date of receipt/production of copy of this order. The District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad are directed to take necessary steps to get the said Revision application disposed of at the earliest since the said application has been preferred on behalf of the prosecution.

Patna High Court Cr.Misc. No.25344 of 2016 (4) dt.22-03-2017 3/3 Let a copy of this order be communicated to the District Magistrate, Aurangabad and the Superintendent of Police, Aurangabad.

(Sudhir Singh, J) Amit/- U T