The Patna High Court refused bail to a petitioner charged with hoarding arms and Naxalite activities. The court directed the trial court to conclude the trial within nine months and asked district authorities to produce witnesses promptly.
Bail application rejected; direction to Trial Court to conclude trial within nine months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5959 of 2019
Arising Out of PS. Case No.-366 Year-2017 Thana- SASARAM NAGAR District- Rohtas
====================================================== Lalji Pasi, Son of Lalan Pasi, Resident of Village- Rangpur, P.S.- Sasaram (Darigaon), District- Rohtas. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhinay Raj For the Opposite Party/s : Mr.Shaheen Begum ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
ORAL ORDER
5 21-06-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Section 25(1-b)a, 26, 35 of the Arms Act and 13, 17 and 20 of U.A.P. Act.
The prosecution case in short is that on a raid conducted by the police, huge arms were recovered from the field of petitioner.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.1.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired on the basis of confession of co-accused. Allegations made against the petitioner in the FIR is denied.
On behalf of the State, it is submitted that the petitioner is a member of Naxal Organization. From the land of the petitioner, huge quantity of arms, letter pad of naxal organization, receipt of
Patna High Court CR. MISC. No.5959 of 2019(5) dt.21-06-2019 2/2
levy and other articles were recovered. It is further submitted that seven criminal cases are pending against the petitioner.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner in connection with Sasaram (Darigaon) P.S. Case No. 366 of 2017. The same is rejected. The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months preferably from the date of receipt/production of a copy of this order.
The District Magistrate, Rohtas, Sasaram and the Superintendent of Police, Rohtas, Sasaram are also directed to take necessary steps to produce the remaining witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period.
Let this order be communicated to the District Magistrate, Rohtas, Sasaram and the Superintendent of Police, Rohtas, Sasaram.
(Sudhir Singh, J)
Pankaj/-
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under the Arms Act and U.A.P. Act.
Whether the trial court should be directed to conclude the trial within a stipulated period.
6 provisions across 2 enactments
Lalji Pasi
The State Of Bihar
Sudhir Singh
As recorded by the court registry
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