Kumodi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67680 of 2018 Arising Out of PS. Case No.-198 Year-2016 Thana- GOPALPUR District- Bhagalpur ====================================================== Kumodi Yadav Son of Late Rajendra Yadav, Resident of Village- Bhawanipur, Police Station- Gopalpur (Rangra O.P.), District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Choudhary For the Opposite Party/s :

Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-12-2018 Heard the parties.

The petitioner seeks regular bail in connection with Gopalpur P.S.Case No.198/16 (G.R.No.1036 of 2016) registered for offences punishable under Sections 25(1b)a/26/35 of the Arms Act. Allegation as per FIR is that the police while checking intercepted one temp and arrested four persons sitting there and from them one loaded rifle and cartridges were recovered in huge quantity and it appears that they have stated that the same has been loaded by the wife of the petitioner, as such the petitioner has been made accused in this case and it further appears that the petitioner is accused in 17 other cases. Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.67680 of 2018(3) dt.03-12-2018 2/2 that except disclosure made by the accused persons there is nothing against him and the disclosure also shows that it the wife of the petitioner who has loaded the same and the petitioner is in custody since 23.3.2018.

Heard learned A.P.P. also, who has opposed the prayer for bail stating that at his instance the arms and communication have been loaded which were seized by the police and apart from that he has criminal antecedent. He is accused in a large number of cases.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grnat bail tot he petitioner, however, since the petitioner is in custody for nine months, the learned trial court is directed to expedite the trial and conduct is on regular basis. At the same time the S.P., Bhagalpur is directed to produce the witnesses in the court on regular basis so that the trial may be concluded as expeditiously as possible.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T