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Patna High CourtCR. MISC./49245/2016dismissed

Goldy @ Golden @ Kumar Abhishek @ Abhishek Kumar @ Abhijyot Kumar v. The State Of Bihar

2017-03-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49245 of 2016 Arising Out of PS.Case No. -278 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Goldy @ Golden @ Kumar Abhishek @ Abhishek Kumar @ Abhijyot Kumar S/o Prabhat Singh @ Prabhat Kumar Singh resident of Garhpar, P.S. Bihar, District Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 Heard the parties.

This application is for grant of bail in connection with Bihar P.S. Case No.278 of 2016 for the offence under Sections 399, 402, 120B of the Indian Penal Code.

It is submitted on behalf of the petitioner that one countrymade Pistol and live cartridges were recovered from the waist of the petitioner and two country-made Pistol and cartridges were also recovered form the possession of the petitioner, however, the another co-accused, having similar allegation, has already been granted bail by this Court, vide order dated 19.10.2016 passed in Cr. Misc. No.45203 of 2016.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.49245 of 2016 (5) dt.02-03-2017 2/2 Having heard both sides. Three country-made Pistol and cartridges were recovered from the possession of the petitioner, whereas from the co-accused, who has been granted bail, one country-made Pistol has been recovered. Moreover, from the report, which has been received from the learned court concerned, it appears that in this case, out of total 07 witnesses, 05 witnesses have already been examined and the case is pending only for examination of two witnesses- one is I.O. and the another is Officer In-charge of the Police Station.

Considering the aforesaid facts, I am not inclined to grant bail to the petitioner at this stage, however, as the case is pending for examination of two witnesses, the learned trial court is directed to expedite the trial and try to conclude it preferably within a period of four months.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U