Patna High CourtCR. MISC./6922/2017dismissed

Devan Sah @ Deo Narayan Sah @ Deo Narayan v. The State Of Bihar

2017-02-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6922 of 2017 Arising Out of PS.Case No. -413 Year- 2016 Thana -KATIHAR District- KATIHAR ====================================================== Devan Sah @ Deo Narayan Sah @ Deo Narayan, S/o - Yadunandan Sah, R/o Vill.- Belgachhi, P.S.- Dagarua, Distt.- Purnia. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Katihar Town P.S.Case No. 413 of 2016, corresponding to G.R.No. 2078 of 2016, registered for the offences under Sections 414, 353 of the Indian Penal Code and Sections 25(1b)a and 26 of the Arms Act including 3/4 of Explosive Substance Act. It has been submitted on behalf of the petitioner that there is no local witness of the seizure list and he has been falsely implicated in this case he is in custody since 23.6.2016. Heard learned APP also, who has opposed the prayer for bail stating that not only country made pistol and cartridges rather explosive substances were also recovered from the possession of the petitioner.

Patna High Court Cr.Misc. No.6922 of 2017 (2) dt.16-02-2017 2/2 Heard both sides. Considering the fact that there is recovery of country made pistol, cartridges and explosive substance and petitioner is involved in five other such type of cases, I am not inclined to grant bail to the petitioner. However, learned trial court is directed to expedite and conclude the trial within a period of six months considering the fact that petitioner has remained in custody for nine months. Let Superintendent of Police concerned be directed to produce the witnesses on each and every date fixed so that the trial may be concluded within the said period.

With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U