Ajay Kumar Rai @ Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44740 of 2022 Arising Out of PS. Case No.-112 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Ajay Kumar Rai @ Ajay Rai Son Of Shiv Shankar Rai Resident Of Village - Hasanpur Osti, P.S.- Mahua, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 of Arms Act and Sections 20, 22, 23, 27(A) of N.D.P.S. Act.

It is a case of recovery of 1160 grams of Charas, a country made pistol and two live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in

Patna High Court CR. MISC. No.44740 of 2022(3) dt.10-01-2023 2/3 this. Petitioner is in judicial custody since 05.03.2020. It is further submitted that petitioner has no concern with the seized contraband articles. It is further submitted that police forcefully got his signature on blank paper under threat and compulsion and later converted it into seizure list.

Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that country made pistol, live cartridges and 1160 grams of Charas has been recovered from the conscious possession of the petitioner. It is also submitted that FSL report and other witnesses recorded during investigation of the case has supported the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the

Patna High Court CR. MISC. No.44740 of 2022(3) dt.10-01-2023 3/3 trial and conclude the same within a period of six months.

However, if the trial of the petitioner is not concluded within a period of six months, he would be at liberty to renew his prayer for bail.

(Sunil Kumar Panwar, J) nirajkrs/- U T