Nirbhay Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57530 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -BARHARIA District- SIWAN ======================================================

1. Nirbhay Kumar, S/o Chandrama Yadav,

2. Ajay Kumar Yadav @ A.T.M. S/o Patiram Yadav, Both R/o VillageKabilpura, P.S.- M.H. Nagar, District- Siwan. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners as well as learned APP for the State.

Petitioners, already in custody, seek bail in connection with Barharia P.S. Case No.06 of 2017, registered under Sections 399, 402 and 414 of the Indian Penal Code as well as under Sections 25(1-b) A, 26/35 of the Arms Act.

Allegation is that from possession of the petitioners country made pistol and cartridges were recovered. Learned counsel for the petitioners submits that the petitioners have been in custody since 10.01.2017. However, petitioner no.1 has large number of criminal antecedents of the Arms Act and other serious offences and petitioner no.2 has also got criminal antecedent, so the prayer of bail of the petitioners is rejected in connection with Barharia P.S.

Patna High Court Cr.Misc. No.57530 of 2017 (2) dt.12-12-2017 2 /2 Case No.06 of 2017, pending in the court of learned Additional District Judge-IV, Siwan.

However, the trial court is directed to expedite the trial and preferably conclude the same within a year. If the trial is not concluded within the stipulated period, the petitioners may renew their prayer of bail.

(Arun Kumar, J.) S.Kumar/- U T