Ram Pravesh Rai @ Pravesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37103 of 2018 Arising Out of PS.Case No. -124 Year- 2016 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Ram Pravesh Rai @ Pravesh Rai S/o Late Baiju Rai, R/o vill- Mukundpur, P.S.- Sarai, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sarai P.S. Case No.124 of 2016 registered for the offences punishable under Sections 307/34 of the I.P.C. and Sections 8, 20(b)(ii)B of N.D.P.S. Act as well as Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

This is second attempt of the petitioner for grant of bail.

It appears that this petitioner was apprehended by police and one country made loaded firearm along with three cartridges and 1.675 kg ganja were recovered from his possession in presence of two local witnesses. Besides that, the petitioner is

Patna High Court Cr.Misc. No.37103 of 2018 (3) dt.29-08-2018 involved in four more cases. Considering the recovery of incriminating material and antecedent, his prayer for bail was rejected on 20.07.2017 in Cr.Misc.No.33798 of 2017. The learned A.P.P. for the State opposed the submission.

From the report of learned court below, it appears that out of nine witnesses, three witnesses have been examined including the informant and the court below has taken step for procuring the attendance of remaining witnesses. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected.

The trial court is directed to expedite the trial and if the trial is not concluded within six months, the petitioner will be at liberty to renew his prayer for bail.

(Sanjay Kumar, J) Harish/- U