Sajan Dome v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 56962 of 2022 Arising Out of PS. Case No.-441 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Sajan Dome Son of Late Raju Dome @ Raju Babu Resident of Nuranibaghm near Sidni ground, P.s- Alamganj, Dist- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Prasad, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-12-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Alamganj P.S. Case No. 441 of 2022 lodged under Sections 25 (1b)a/26 of the Arms Act. As per the prosecution case, the recovery of arms- one desi katta with one live cartridge have been made from the possession of the petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further
2/4 submits that petitioner is in custody since 13.06.2022 having 13 criminal antecedents, which has been mentioned in paragraph-3 of the petition and he is on bail in all the cases. Learned counsel for the petitioner submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and recovery has been made from the possession of the petitioner. He submits that petitioner has been made accused of similar types of cases.
Upon specific query whether charge has been framed or not, Learned counsel for the petitioner submits that as per his knowledge charge has been not framed.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail, therefore, this bail application is hereby rejected. Speedy trial is the constitutional vision of justice. Admittedly, there are in total 14 criminal cases (including the present one) pending against the petitioner which belongs to the District and Sessions Judge, Patna District. Upon going through the cases it transpires that some cases are related to Bihar Prohibition and Excise Act and other are related to I.P.C. The details of which are as follows:
3/4 Prohibition and Excise Act Indian Penal Code i. Alamganj P.S. Case No. 125 i. Alamganj P.S. Case No. 291 of 2018 of 2013 ii. Alamganj P.S. Case No. 253 ii. Alamganj P.S. Case No. 145 of 2017 of 2014 iii. Alamganj P.S. Case No. 152 iii. Alamganj P.S. Case No. 275 of 2022 of 2014 iv. Alamganj P.S. Case no. 282 of 2014 v. Alamganj P.S. Case No. 720 of 2019 vi.Alamganj P.S. Case No. 441 of 2020 vii. Alamganj P.S. Case No. 51 of 2019 viii. Digha P.S. Case No. 514 of ix. Alamganj P.S. Case No. 536 of 2021 x. Chowk P.S. Case No. 208 of xi. Alamganj P.S. Case No. 441 of 2022 (present case).
Let the District and Sessions Judge, Patna District is directed to do the needful so that all the magisterial triable cases and sessions triable cases prior to commitment shall run before
4/4 one Magistrate with one date and all sessions triable cases after commitment, the session triable cases shall run before one Session Court with one date and special cases shall run before one special with one date.
Let the copy of this order is communicated to the District and Sessions Judge, Patna District for perusal and necessary compliance.
(Dr. Anshuman, J.) ashishsingh/- U T