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Patna High CourtCR. MISC./57949/2021dismissed

Md. Pravej @ Rajan @ Md. Prawej v. The State Of Bihar

2022-01-19Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57949 of 2021 Arising Out of PS. Case No.-162 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== MD. PRAVEJ @ RAJAN @ MD. PRAWEJ S/O- Late Md. Abbash R/v - Shakil Manzil, Bakkarganj, Moharrampur, Tabarak Gali, P.S.- Pirbahore, Distt. - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner seeks bail in connection with Pirbahore P.S. case No.162 of 2019, G.R. No.1881 of 2019 registered under Sections 25(1-B)A, 26 and 35 of the Arms Act, pending in the court of Chief Judicial Magistrate, Patna.

Patna High Court CR. MISC. No.57949 of 2021(3) dt.19-01-2022 2/3 The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that huge quantity of arms were alleged to have been recovered and the petitioner has got one criminal case also pending against him.

A report was called for from the trial court. It has been reported that due to covid-19 pandemic, the production of the accused could not be made and the charge has not yet been framed. After framing of charge, the trial is likely to be concluded within a period of six months.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to take all necessary steps to frame the charge within a period of one month from the date of receipt/production of a copy of this order, if necessary through virtual mode and further conclude the trial within a period of four months from the date of framing of charge. The District Magistrate, Patna and the Senior Superintendent of Police, Patna are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Patna High Court CR. MISC. No.57949 of 2021(3) dt.19-01-2022 3/3 Let this order be communicated to the District Magistrate, Patna and the Senior Superintendent of Police, Patna.

(Sudhir Singh, J) Narendra/- U T