Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58683 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- AIRPORT District- Patna ====================================================== AVINASH KUMAR Son of Uma Rai Resident of Dighi Kala West Dighi, P.S.- Vaishali Sadar, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivanand Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-04-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Hawai Adda P.S. Case No. 174 of 2020, for the offence punishable under Section 25(1-b)a and 26 of the Arms Act, pending in the Court of learned Judicial Magistrate, 1st Class, Patna.

The allegation is of recovery of three live cartridges from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. The petitioner is in custody since 18.10.2020.

Patna High Court CR. MISC. No.58683 of 2021(2) dt.27-04-2022 2/2 Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the above facts and circumstances of the case and recovery of three live cartridges from the possession of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for grant of bail to the petitioner, above named, is rejected.

The trial Court is directed to proceed with the trial expeditiously and conclude the same within a period of six months from the date of this order.

If no substantial progress takes place in the trial, the petitioner, if so advised, may renew his prayer for bail after the aforesaid period of six months.

(Purnendu Singh, J) manish/- U T