Patna High CourtCR. MISC./47003/2018dismissed

Jitendra Kumar Pandit v. The State Of Bihar

2018-09-06Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47003 of 2018 Arising Out of PS.Case No. -14 Year- 2017 Thana -BARIYARPUR District- MUNGER ====================================================== Jitendra Kumar Pandit, Son of Vishundeo Pandit, Resident of Puraniganj, Kumhartoli, P.S. Kasim Bazar, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Narsingh Tanti, Advocate. For the Opposite Party : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 06.02.2017 in connection with Sessions Trial No. 111 of 2017/C.R. No. 111 of 2017, arising out of Bariyarpur P.S. Case No. 14/2017 for the offence registered under Sections 25(1-B)a, 25(1-A), 25(1-AA), 25(1-AC), 26(1)(II), 35 of the Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that 159 Barrel, 158 half made pistol and some equipments of firearms alongwith 1.5 liters of foreign liquor were recovered from the vehicle. This is fourth attempt on behalf of the petitioner for grant of bail.

Patna High Court Cr.Misc. No.47003 of 2018 (3) dt.06-09-2018 2/2 Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 30813 of 2017 dated 07.07.2017, Cr. Misc. No. 50656 of 2017 dated 06.12.2017 and 17488 of 2018 dated 23.04.2018 taking into account that the petitioner was running a mini gun factory.

A report was called for from the court below regarding the stage of the case. It has been reported that out of 08 prosecution witnesses, 07 prosecution witnesses have already been examined and within a period of two months the trial is expected to be concluded.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 111 of 2017, arising out of Bariyarpur P.S. Case No. 14/2017, pending in the court of learned Additional Sessions Judge, 2nd, Munger. The court below is directed to conclude the trial at the earliest.

U.K./- (Sudhir Singh, J) U T