Jitendra Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17488 of 2018 Arising Out of PS.Case No. -14 Year- 2017 Thana -BARIYARPUR District- MUNGER ====================================================== Jitendra Kumar Pandit, S/o Vishundeo Pandit, R/o Puraniganj, Kumhartoli, P.S.- Kasim Bazar, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Narsingh Tanti, Advocate. For the Opposite Party : Mrs. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 06.02.2017 in a case registered for the offence under Sections 25(1-B)a, 25(1-A), 25(1-AA), 25(1-AC) and 26(i)(ii), 35 of the Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in brief, is that 159 Barrel, 158 half made pistol, some equipments of firearms alongwith 1.5 liters of foreign liquor were recovered from the vehicle. This is third attempt on behalf of the petitioner for grant of bail.

Earlier bail application of the petitioner was rejected

Patna High Court Cr.Misc. No.17488 of 2018 (3) dt.23-04-2018 2/3 vide Cr. Misc. No. 30813 of 2017 dated 07.07.2017 taking into account that the petitioner was running a mini gun factory. A report was called for from the court below regarding the stage of the case. It has been reported that the case is pending for evidence of I.O. under Section 311 Cr. P.C. and the trial is expected to be concluded within a period of two months. Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 111/2017, arising out of Bariyarpur P.S. Case No. 14/2017, pending in the court of learned Additional Sessions Judge, 5th-cum-Special Judge, Munger.

The court below is directed to take all necessary steps to conclude the trial within a period of three months from the date of receipt/production of copy of this order.

Earlier also the District Magistrate, Munger and the Superintendent of Police, Munger were directed vide order dated 06.12.2017 passed in Cr. Misc. No. 50656 of 2017 to produce the prosecution witnesses on the date fixed by the court below so that the trial could be concluded within the stipulated period. In spite of that the trial has not been concluded yet. Once again, the District Magistrate, Munger and the Superintendent of Police,

Patna High Court Cr.Misc. No.17488 of 2018 (3) dt.23-04-2018 3/3 Munger are directed to ensure that the remaining prosecution witnesses are produced on the date fixed by the court below so that the trial could be concluded within the stipulated period. Let a copy of this order be communicated to the District Magistrate, Munger and the Superintendent of Police, Munger.

U.K./- (Sudhir Singh, J) U T