Md. Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52870 of 2015 Arising Out of PS.Case No. -84 Year- 2015 Thana -HALSI District- LAKHISARAI ====================================================== Md. Shamsher, son of Late Md. Idrish, Resident of village-Mirzapur Bardah, Police Station - Muffasil, District - Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 01-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Halsi P.S. Case No. 84 of 2015 registered under Sections 25(1), 25(1)(A), 25(1) AC and 26(1)(2) of the Arms Act. Regard being had to the recovery of three countrymade pistols from the conscious possession of the petitioner, I am not inclined to grant bail even though the petitioner having no criminal antecedent is said to be in custody since 28.06.2015. Accordingly, the application for bail is rejected. Learned Chief Judicial Magistrate, Lakhisarai is

Patna High Court Cr.Misc. No.52870 of 2015 (2) dt.01-02-2016 2 / 2 directed to frame charges and conclude the trial as early as possible, preferably within nine months from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail before the court below itself. In such an eventuality, the learned Chief Judicial Magistrate must assign reasons as to why the trial could not be concluded within the stipulated period while disposing of the bail application of the petitioner.

(Ashwani Kumar Singh, J.) Sanjeet/- U T