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Patna High CourtCR. MISC./10517/2017dismissed

Md. Sadam Alam @ Md. Sadam Husain v. The State Of Bihar

2017-03-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10517 of 2017 Arising Out of PS.Case No. -115 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Md. Sadam Alam @ Md. Sadam Husain, S/o Md. Ali Ahamad, R/o village - Sawana, P.S. Barharia, District - Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chandra Kant, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Siwan Muffasil P.S.Case No. 115 of 2016 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1 b) a, 26 and 35 of the Arms Act. It has been submitted on behalf of the petitioner that there is alleged recovery of one country made pistol from the possession of the petitioner and he has remained in custody for one year.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and from perusal of the petition it appears that petitioner has also been made accused in

Patna High Court Cr.Misc. No.10517 of 2017 (2) dt.20-03-2017 2/2 three other cases of NDPS Act and Section 395 IPC and in the present case there is recovery of one country made pistol from the possession of the petitioner, as such, I am not inclined to grant bail to the petitioner at this stage.

However, learned court below is directed to expedite and conclude the trial within a period of seven months on day-today basis and the Superintendent of Police, Siwan is also directed to co-operate in conclusion of trial by producing witnesses in court on the date fixed. If the trial is not concluded within the said period, the petitioner may renew his prayer for bail before the court below itself. Needless to say that petitioner will co-operate in conclusion of the trial.

With the aforesaid observations, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U