Criminal miscellaneous petition for bail filed by an accused in custody regarding alleged arm-manufacturing and theft. The High Court rejected bail, directing trial court to expedite trial with possibility of renewal after one year.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21403 of 2018
Arising Out of PS.Case No. -282 Year- 2017 Thana -MEERGANJ District- GOPALGANJ
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Nishant Kumar Sinha For the Opposite Party/s : Mr. Sri Rajballabh Singh
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 12-04-2018
Heard learned Counsel for the petitioner and the State.
Petitioner, already in custody since 5.11.2017, seeks bail in Mirganj PS Case No. 282 of 2017 registered under Sections 399, 402, 414 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.
The allegation in brief is that the police on secret information apprehended some miscreants and recovered country made pistol, cartridges and several stolen motorcycles, from the possession of the petitioner also a country made pistol, two live cartridges and one stolen motorcycle is said to have been recovered.
Learned Counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner, it is a case of false implication and subsequently the petitioner was made accused in three other cases.
Whereas learned Counsel for the State submits that there is recovery of country made pistol, two stolen motorcycles from the complex of the petitioner. The bail application of one Kaisar Ali, similarly situated, was earlier rejected by this Court.
Having considered the said facts and circumstances, the
Patna High Court Cr.Misc. No.21403 of 2018 (2) dt.12-04-2018
2
prayer for bail of the petitioner is rejected.
The trial court is directed to expedite the trial. If the trial does not conclude within a year the petitioner may
renew his payer for bail.
Snkumar/-
(Arun Kumar, J)
U T
3 issues framed by the court
Whether bail should be granted to the petitioner already in custody pending trial for alleged arm-manufacturing and theft.
Whether recovery of stolen property from the petitioner's complex warrants rejection of bail in cases involving criminal conspiracy.
What direction can be issued for expedition of trial to consider future bail applications.
2 provisions across 2 enactments
Parwez Alam
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
