Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53746 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== PRINCE KUMAR, Son of Jaimangal Ram, Resident of Village - Madhuban, P.S. Kanti, District - Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vindhya Keshri Kumar, Sr. Advocate Mr.Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s :

Mr.Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and Md. Fahimuddin, learned A.P.P. for the State.

This is the second attempt of the petitioner to obtain bail in connection with Kanti P.S. Case No. 269 of 2020 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act.

Learned senior counsel for the petitioner submits that in this case the petitioner has remained in custody since 16.05.2020 and the recovery of weapon and ammunitions is from the room belonging to the co-accused Ravi Kumar @ Ravi Ranjan.

Learned A.P.P. for the State submits that this court has taken note of the fact that from the room in which this petitioner was present with the co-accused, police has recovered country

Patna High Court CR. MISC. No.53746 of 2021(3) dt.15-12-2021 2/3 made carbine, magazine of carbine, seven live cartridges of 9 m.m., one live cartridge of 7.62 and three cartridges of point 315 bore which have been kept beneath the bed of both the accused persons on which they were sleeping together. Learned A.P.P. further submits that the trial has already begun in this case and the informant has been examined. Further warrant of arrest has been issued for production of witnesses through S.S.P., Muzaffarpur with list of witnesses for their production and, as such, at this stage, the learned court has not been able to dispose of the entire case within six months time as per order of this court.

The pandemic situation in which the courts were unable to function with all strength is one of the main reasons for non-conclusion of trial during this period. Having regard to the materials before this court and the fact that the trial has already begun, this court is not inclined to release the petitioner on bail at this stage. Let the S.S.P.

Patna High Court CR. MISC. No.53746 of 2021(3) dt.15-12-2021 3/3 renew his prayer for bail if the trial is not concluded for no reason attributable to him.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.