Ashok Mistry @ Ashok Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 67384 of 2022 Arising Out of PS. Case No.-26 Year-2021 Thana- MOKAMAH District- Patna ====================================================== ASHOK MISTRY @ ASHOK VISHWAKARMA Son of Late Ram Nandan Mistry Resident of Village - Mor, West, P.S.- Mokama, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Mokama P.S. Case no. 26 of 2021 instituted for the offence under Sections 25 (1-b)a, 26 and 35 of the Arms Act. Prosecution case relates to recovery of one pistol with magazine, six country made katta, huge quantity of semi constructed weapon and several equipment for making the weapon from the house of the petitioner and he and co-accused Suraj Kumar were apprehended on spot after chase by the police party.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to village politics. The seizure list is fabricated by the police

Patna High Court CR. MISC. No. 67384 of 2022(4) dt.10-05-2023 2/2 officials. He is languishing in judicial custody since 22.01.2021. The application for bail is opposed by learned APP for the State and submitted that petitioner is manufacturer of arms and huge quantity of arms and semi prepared arms were recovered from his house. This case is grievous in nature. 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.

From perusal of the status report dt. 28.3.2023, it reveals that trial is likely to be concluded within 18 months. However, learned trial court is directed to expedite and conclude the trial within a period of one year. (Sunil Kumar Panwar, J) sushma/- U