The Patna High Court dismissed a bail application in a case involving the possession of firearms. The court noted a one-year detention period but declined bail, instead directing the trial court to expedite proceedings.
Bail denied; trial concluded within six months directed.
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Patna High Court Cr.Misc. No.5598 of 2017 (7) dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5598 of 2017
Arising Out of PS.Case No. -103 Year- 2016 Thana -JHAJHA District- JAMUI
====================================================== 1. Arbind Yadav @ Raju Da @ Rajo Da @ Raju Das son of Late Damodar Yadav, Resident of Yogiya Tilha, P.S.- Jhajha, District- Jamui.
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Smt Usha Kumari No-1
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
This application is for grant of regular bail in connection with Jhajha P.S.Case No.103 of 2016, registered for the offences under Sections 25(1-b)a and 26 of the Indian Penal Code.
Allegation against the petitioner is that two rifle, one country-made pistol and 17 cartridges have been recovered.
It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case and he is in custody for a year and so far antecedent of the petitioner is concerned, it is submitted that he is accused in five other cases also but he is on bail in two cases.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.5598 of 2017 (7) dt.07-07-2017
circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage, however, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months. At the same time, the S.P., Jamui is directed to ensure presence of the witnesses in this case on the date fixed so that the trial may be concluded within the period as specified.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J)
chn/-
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2 issues framed by the court
Whether bail should be granted to a petitioner accused of possessing guns and ammunition.
Whether the accused, detained for a year, satisfies bail requirements in a possession case.
1 provisions across 1 enactments
Arbind Yadav
State of Bihar
VINOD KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
