Nagendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38297 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- MANER District- Patna ====================================================== Nagendra Rai Son Of Ram Swaroop Rai Resident Of Village- Sherpur, Rampur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 307/533/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act in connection with Maner P.S. Case No. 107 of 2020. When the police party seized country-made liquor; the petitioner allegedly fired at the police. However, no injury was caused to anyone. However, from the possession of the petitioner a pistol, a live cartridge and a used cartridge were recovered. The petitioner has got two more criminal cases under the Excise Act. The petitioner is in custody since 13.03.2020. Considering the facts of this case aforesaid, I am not inclined to enlarge the petitioner on bail for the present. Hence,

Patna High Court CR. MISC. No.38297 of 2020(3) dt.12-03-2021 2/2 the prayer for bail is refused. However, if the trial is not concluded within six months from the date of framing of charges the petitioner would be at liberty to renew the prayer for bail before the trial judge itself. The trial Court is directed to expedite framing of the charges.

(Birendra Kumar, J) Mkr./- U T