Jitendra Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50656 of 2017 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. Rajesh Kumar, Advocate. For the Opposite Party : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2017 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 second attempt on behalf of the petitioner for grant of bail.

Patna High Court Cr.Misc. No.50656 of 2017 (3) dt.06-12-2017 2/3 Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 30813 of 2017 dated 07.07.2017 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 the out of five charge sheeted witnesses, two witnesses have already been examined and the trial is expected to be concluded within a period of three months.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 111/2017/ C.R. No. 111 of 2017, arising out of Bariyarpur P.S. Case No. 14 of 2017, pending in the court of learned Additional Sessions Judge-Vth-cum-Special Judge, Munger.

The court below is directed to take all necessary steps to conclude the trial preferably within a period of three months from the date of receipt/production of copy of this order. The District Magistrate, Munger, and the Superintendent of Police, Munger, are directed to ensure that the prosecution witnesses are produced on the date fixed by the court below so that the trial could be concluded within the stipulated period.

Patna High Court Cr.Misc. No.50656 of 2017 (3) dt.06-12-2017 3/3 Let a copy of this order be communicated to the District Magistrate, Munger and the Superintendent of Police, Munger.

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