Court denied bail to petitioners with pending cases for Arms Act offences pending trial. Trial to expeditiously conclude within nine months; petitioners may seek renewed bail if delayed.
Application dismissed; bail refused. Trial to be concluded within nine months.
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Patna High Court Cr.Misc. No.16200 of 2013 (3) dt.08-10-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16200 of 2013
====================================================== 1. Sanjay Singh S/O Late Tribhuwan Singh R/O Village- Dabahar, P.S.Dabahar, District- Balia (U.P.). 2. Rakesh Singh S/O Late Bijay Bahadur Singh R/O Village- Pipra, P.S.Narahi, District- Balia (U.P.) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Mr. Nasim Yahea, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 3 08-10-2013 Heard learned counsel for the parties. Having regard to the recovery of only one country made pistol from petitioner no. 1 and one cartridge from petitioner no. 2, this Court was inclined to grant bail to the petitoners but then keeping in view that the petitioner no. 1 is having 26 cases pending against him and petitioner no. 2 is having 12 cases pending against him, this Court is not at all inclined to grant bail to the petitioners for the offences punishable under Sections-25/26/35 of the Arms Act.
Nonetheless, the petitioners are in custody since 07.11.2012 and the fact that mostly official witnesses are to be examined in their trial for offence under Arms Act, the same must be expedited and concluded preferably within a period of
Patna High Court Cr.Misc. No.16200 of 2013 (3) dt.08-10-2013
nine months from the date of receipt of this order.
Happen it be so, that the trial of the petitioners is not concluded in the aforesaid period of nine months, the petitioners will have the liberty to move initially the trial court for renewing their prayer for bail which then will have to record reasons for not concluding the trial within the aforementioned time frame as fixed in this order whereafter the petitioners will also have the liberty to move this Court for renewing their prayer for bail.
With the aforesaid observations and directions this application is disposed of.
Ranjan/-
(Mihir Kumar Jha, J)
2 issues framed by the court
Whether bail should be granted to petitioners alleged of offences under the Arms Act when they have numerous pending cases.
Whether the trial for offences under the Arms Act must be concluded within a specified period if the petitioners are in custody.
1 provisions across 1 enactments
Sanjay Singh
Rakesh Singh
The State Of Bihar
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
