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Patna High CourtCR. MISC./16125/2017dismissed

Sanjay Singh v. The State Of Bihar

2017-04-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16125 of 2017 Arising Out of PS.Case No. -338 Year- 2015 Thana -PARWATTA District- KHAGARIA ====================================================== Sanjay Singh S/o Late Mahadi Singh R/o Vill - Sri Rampur Tudhi, P.S. - Parbatta, District - Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sri Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

The petitioner seeks regular bail in connection with Parbatta P.S. Case No. 338/2015 (G.R. No. 2659/2015), registered for offences punishable under Sections 25(1-b)a /26 of the Arms Act.

It has been submitted on behalf of the petitioner that though it is alleged that the country made pistol has been recovered from the house of the petitioner but he was not present in the house and that is a joint house of the petitioner and other family members and he is in custody since 16.12.2015. Heard learned A.P.P. also. Learned A.P.P.

opposes the prayer for bail.

Having heard both sides and in view of the

Patna High Court Cr.Misc. No.16125 of 2017 (2) dt.08-04-2017 2/2 recovery as well as criminal antecedent, I am not inclined to grant bail to the petitioner. The prayer is, accordingly, rejected. However, considering the fact that the petitioner is in custody for last 16 months and in this case charge has been framed, the learned trial court is directed to expedite the trial and if possible conduct the trial on day to day basis and the Superintendent of Police, Khagaria is also directed to ensure presence of the witnesses on the date fixed in the case so that the trial is concluded within a period of four months. If the trial is not concluded within the aforesaid period, the petitioner will be at liberty to renew his prayer for bail. Accordingly, this application is dismissed at this stage.

(Vinod Kumar Sinha, J) S.Pandey/- U T