Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59642 of 2017 Arising Out of PS.Case No. -166 Year- 2017 Thana -DHARHARA District- MUNGER ====================================================== Sunita Devi W/o Etwari Paswan, R/o Village- Jawayat, P.S.- Shampur, O.P.- Kharagpur, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-01-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Dharahara P.S.Case No. 166 of 2017 registered under Sections 25(1-A), (1-AA), (1-AC), (1-B)A and 26(i)(ii) of the Arms Act.

Allegation in brief is that receiving some secret information regarding illegal arms factory being run in the locality, police reached to the place of occurrence near the hill then found some persons escaping away with some articles and this lady, the petitioner, was found putting a bag in an auto rickshaw and made attempt to escape but apprehended by the police and recovered 08 semi finished barrel of the gun as well as 08 semi finished pistol from her possession.

Learned counsel for the petitioner submits that recovery is

Patna High Court Cr.Misc. No.59642 of 2017 (3) dt.15-01-2018 2/2 not from conscious possession of the petitioner, she is a pregnant lady and there is no independent witness during seizure list prepared and she is in custody since 29.08.2017 and the police has submitted charge sheet.

Having considered the aforesaid facts and circumstances of the case as well as recovery of huge unfinished arms and parts of it and the allegation of illegal arms factory was being run, the prayer for bail of the petitioner is hereby rejected at present. Since, charge sheet has been submitted, so the trial court is directed to expedite the trial and conclude the same preferably within a period of one year.

Let a copy of this order be sent to the Superintendent of Police, Munger in order to produce the witnesses before the trial court.

(Arun Kumar, J) Sujit/- U T