Bhim Singh @ Toiya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47091 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -RAIL District- LAKHISARAI ====================================================== Bhim Singh @ Toiya Singh son of Gaibi Singh resident of village - Sita Rampur Najeer ( Kalisthan ), Police Station - Bariarpur, District - Munger .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Md. Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-03-2015 Heard both sides.
The petitioner seeks bail in Jamalpur G.R.P. P.S. Case No. 11/2014 registered for the offence under Sections 25(1-b)a, 26(II) and 35 of the Arms Act.
The petitioner was chased and apprehended and from his possession five country made pistol and live cartridges were recovered.
It is submitted that the petitioner disclosed in his statement that he was carrying a bag at the instance of Sanjay Singh on payment of only Rs. 500/-.
Sanjay Singh has already been granted bail. It is further submitted that the informant has alleged that search was made at 7.15 a.m., but from the perusal of the seizure list, it appears that
Patna High Court Cr.Misc. No.47091 of 2014 (3) dt.20-03-2015 2/2 seizure list was prepared at 7.00 a.m. and this fact creates a serious doubt about the search and seizure. Five country made pistol and live cartridges were recovered from the possession of the petitioner and petitioner has got criminal antecedent. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly the same is rejected.
The trial court is directed to expedite the trial and conclude the same within eight months from the date of receipt/production of a copy of this order, if the trial is not concluded within the stipulated period, the petitioner may move his prayer for bail firstly in the trial court. (Prabhat Kumar Jha, J.) Vinita/- U T