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Patna High CourtCR. MISC./26808/2017dismissed

Sipahi No. 796 Anil Kumar @ Anil Kumar v. The State Of Bihar

2017-08-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26808 of 2017 Arising Out of PS.Case No. -63 Year- 2016 Thana -MADHUBANI TOWN District- MADHUBANI ====================================================== Sipahi No. 796 Anil Kumar @ Anil Kumar, son of Kishore Prasad, resident of Village- Manurabad, Police Station- Nalanda, District- Nalanda. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Madhubani(Town) P.S.Case No. 63 of 2016 registered for the offences punishable under Sections 379 and 409 of the Indian Penal Code.

Petitioner is a Constable and allegation against him is that he has absconded along with rifle and cartridges. It further appears that earlier he has been made accused in a case under Section 376 IPC and also in a case under Section 4 of POCSO Act and thereafter he has absconded with arms.

It has been submitted on behalf of the petitioner that arms and ammunitions have been recovered from near his house and he is in custody for more than 11 months.

Patna High Court Cr.Misc. No.26808 of 2017 (3) dt.01-08-2017 2/2 Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and considering the allegation and the antecedent of the petitioner, I am not inclined to grant bail to the petitioner.

However, as the petitioner is in custody for more than 11 months, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within seven months. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U