Pardeep Kumar Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62312 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== PARDEEP KUMAR BISWAS S/O JAGARNATH BISWAS R/v- Majhua, Ward No. 11, P.S.- Forbisganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Forbesganj P.S. Case 124 of 2022 instituted for the offence under Sections 414, 420 of the Indian Penal Code, sections 8, 20(b)(ii)(B) of the N.D.P.S. Act and Sections 25(1-b)a, 26 of the Arms Act.

3. As per allegation in the FIR, the petitioner is alleged to have been apprehended by police with a without number plate motorcycle, for which he did not give satisfactory reply. Upon search of dickey of the motorcycle, 1.9 kg ganja like substance along with a country made pistol and a live cartridge were also recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely

Patna High Court CR. MISC. No.62312 of 2022(5) dt.17-10-2023 2/3 been implicated in this case. The petitioner has no concern with the alleged recovery of motorcycle, ganja like substance or firearms. It is further submitted that the petitioner is languishing in judicial custody since 5.2.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who was arrested on spot with a without number plate motorcycle and from whose possession, 1.9 kg ganja like contraband substance and firearms were recovered. The petitioner had not given any satisfactory reply regarding seized motorcycle. It is further submitted that the petitioner has also got seven criminal antecedents.

6. In pursuance to the direction of this court, a report dt. 9.8.2023 with regard to present stage of trial has been received by which it appears that the case is at the stage of prosecution evidence and the trial is likely to be concluded within a period of six months.

8. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

8. The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.62312 of 2022(5) dt.17-10-2023 3/3 conclude the same within stipulated period of time (i.e six months) failing which, the petitioner may renew his prayer of bail.

(Sunil Kumar Panwar, J) lata/- U T