Bhairav Nath Tripathi @ Bhairav Tripathi @ Master v. The State Of Bihar

Patna High Court Cr.Misc. No.35000 of 2015 (2) dt.19-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35000 of 2015 Arising Out of PS.Case No. -72 Year- 2012 Thana -BRAHMPURA District- MUZAFFARPUR ====================================================== Bhairav Nath Tripathi @ Bhairav Tripathi @ Master Son of Jagat Narain Tripathi Resident of Village - Ahiyapur, Police Station - Sahebganj, District - Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Ranjan, Advocate For the Opposite Party : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Brahmpura P.S.Case No.72 of 2012 pending in the Court of CJM, Muzaffarpur registered for an offence under Sections 25(1-B)A, 26(ii) and 35 of the Arms Act.

As per the allegation, the petitioner was arrested with carbine in the said vehicle and the charas is beyond the commercial quantity.

The earlier bail application of the petitioner was rejected by this Court vide Cr.Misc.No.50172 of and Cr.Misc.No.35472 of 2014 taking into account that in the same transaction two K.G. charas and a carbine were recovered from the

Patna High Court Cr.Misc. No.35000 of 2015 (2) dt.19-07-2016 vehicle in which the petitioner was there. Though the separate cases were instituted under the NDPS Act and under the Arms Act. Petitioner is in custody since 07.05.2012 and the trial of the case has already started but there is no chance of the trial being concluded in the near future, hence the petitioner seeks bail. On behalf of the State, it has been submitted that the petitioner is named in the FIR and there is a recovery of two K.G. charas and a carbine and the case is of serious nature. Considering the aforesaid facts and circumstances, I am not inclined to release the above named petitioner on bail, the same is rejected.

Anyhow, the trial Court is directed to take all necessary steps to conclude the trial preferably within a year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) B.Kr./- U T