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Patna High CourtCR. MISC./56228/2018disposed

Shatrudhan Ram v. The State Of Bihar

2018-12-04Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56228 of 2018 Arising Out of PS. Case No.-89 Year-2018 Thana- PARASBIGHA District- Jehanabad ====================================================== Shatrudhan Ram, S/o Chandradeo Ram, Resident of Village- Lakhapur, P.S. Paras Bigha, District- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunwar Digvijay Singh For the Opposite Party/s :

Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Parasbigha P.S. Case No.89/2018 registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act and Section 17 of the C.L.A. Act.

Informant who is the officer-in-charge of the Parasbigha police station has filed a written report stating therein that on 26.05.2018 at about 7.15 p.m., he received a confidential information about the petitioner who was having connection with the extremists organization and, thereafter, he reached at the disclosed place and apprehended the petitioner with one loaded country made pistol and one cartridge. A report was called for from the trial court which has come and it has been stated that charges have been framed

Patna High Court Cr.Misc. No.56228 of 2018(3) dt.04-12-2018 2/3 against the sole accused and four prosecution witnesses have been examined. Petitioner is in custody since 27.05.2018 and has three criminal antecedent of similar nature and, as such, I am not inclined to release the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is hereby rejected. The trial court is directed to conclude the trial within three months from the date of receipt/production of a copy of this order. If the trial is not concluded within 3 months, the petitioner shall be released by the trial court after 9 months of judicial custody, on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Parasbigha P.S. Case No.89/2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in

Patna High Court Cr.Misc. No.56228 of 2018(3) dt.04-12-2018 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T