Pankaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76343 of 2019 Arising Out of PS. Case No.-193 Year-2019 Thana- AMARPUR District- Banka ====================================================== PANKAJ YADAV Son of Late Raghu Yadav Resident of Village- Karela, Police Station- Masudanpur, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioner is that from his possession loaded country made pistol with .303 cartridges were recovered. Petitioner has got a long list of criminal antecedents of serious nature of cases and he is stated to be in custody since 30.04.2019.

Submission is that some other co-accused persons, namely, Rupesh Jha and Amit Rajak have been allowed bail by some different coordinate Benches of this Court. It appears that no fire arms was recovered from

Patna High Court CR. MISC. No.76343 of 2019(2) dt.29-11-2019 2/2 possession of those accused persons nor they were having any criminal antecedents.

Considering the facts of this case, I am not inclined to enlarge the petitioner on bail for the present. However, if the trial is not concluded within six months from the date of receipt/production of a copy of this order, the petitioner shall be at liberty to renew his prayer before the court below. This application stands dismissed with the aforesaid observations/directions.

(Birendra Kumar, J) S.Sb/- U T