Md. Arwaz @ Md. Arwaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55421 of 2023 Arising Out of PS. Case No.-146 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Md. Arwaz @ Md. Arwaj Son Of Md. Ishaq @ Lukho Resident Of Village - Sudi Ashtan (Bihat), P.O. - Bihat, P.S. - Barauni, Dist. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Barauni P.S. Case No 146 of 2021 instituted for the offence under Sections 411, 412, 413 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation against the petitioner is that the police has recovered one stolen motorcycle of Bajaj Company bearing Reg. No. BR09-W8678 from the house of the petitioner and other huge stolen jewellery and some other incriminating article has been recovered.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case merely on suspicion. Nothing has been recovered from the

Patna High Court CR. MISC. No.55421 of 2023(4) dt.29-11-2023 2/2 conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 03.04.2021. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in FIR and the stolen motorcycle along with other articles has been recovered from his house at the instance of the confessional statement of the petitioner. He has several criminal antecedents.

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 trial Court report, it is mentioned that the trial will be concluded within nine months. The trial court is directed to expedite the trial and conclude the same within stipulated period time as mentioned in its report, failing which the petitioner will be at liberty to renew his prayer for bail application.

(Sunil Kumar Panwar, J) Shubham/- U T