Patna High CourtCR. MISC./33925/2017rejected

Karu Marandi v. The State Of Bihar

2017-07-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33925 of 2017 Arising Out of PS.Case No. -292 Year- 2016 Thana -JHAJHA District- JAMUI ====================================================== Karu Marandi, Son of Joriya Marandi, resident of village - Kenduatar, Police Station - Jhajha, District-Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate. For the Opposite Party/s : Mr. Prem Kumar Jha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 118 of 2017 arising out of Jhajha P.S. Case No. 292 of 2016 registered under Sections 121, 121A and 120B of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 3 and 4 of the Explosive Substance Act. The petitioner along with other accused persons are said to have assembled to make plan for attacking the police patrolling party and blowing it by hurling bomb. On the tip off, the police arrived at the place of occurrence and on giving chase, petitioner was apprehended and one revolver and one live cartridge were recovered from the possession of the petitioner. It is submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.33925 of 2017 (2) dt.20-07-2017 2/2 nothing incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has got no criminal antecedent. He has been falsely implicated in this case. He has been languishing in custody since 23.12.2016. Considering the recovery of one revolver and one live cartridge from the possession of the petitioner and charge in this case has been framed, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the prayer for bail of the petitioner is rejected.

Learned lower court is directed to dispose of the case as expeditiously as possible within four months from the date of receipt or production of a copy of this order. In case of non-conclusion of trial within the stipulated period, the petitioner may renew his prayer for bail.

(Prakash Chandra Jaiswal, J) Mishra/- U T