Patna High CourtCR. MISC./10130/2017dismissed

Madan Paswan v. The State Of Bihar

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10130 of 2017 Arising Out of PS.Case No. -227 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Madan Paswan, son of Late Rudal Paswan, resident of Village- Dumariya, P.S.- Belsar O.P. (Vaishali), District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard the parties.

This application is for grant of bail in connection with Saraiya P.S.Case No.227 of 2016 for the offence under Sections 386, 387 and 34 of the Indian Penal Code and 25(1-b)a, 25 (1-A), 25 (1-AA), 25(1-AAA), 26 (2), 27 (2) and 35 of the Arms Act and 17, 18, 20, 22 and 23 U.A.P. Act. It is submitted on behalf of the petitioner that he is not named in the F.I.R. and later on during the course of investigation, he was arrested and a country-made Pistol was recovered from his possession. The petitioner is in custody since 07.07.2016. Heard learned A.P.P. also, who has opposed the prayer for bail of the petitioner, stating that a country-made Pistol was recovered from the possession of the petitioner and he is accused

Patna High Court Cr.Misc. No.10130 of 2017 (3) dt.20-03-2017 2/2 in three other cases also and all the cases are of similar nature. Having heard both sides and in view of the fact that a country-made Pistol was recovered from the possession of the petitioner, I am not inclined to grant bail to the petitioner at this stage, however, as the petitioner is in custody for about eight months, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months, and if not concluded, the petitioner is at liberty to renew his prayer for bail. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T