IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.2259 of 2011
Bir Singh Bankira @ Birbal Bankira
@ Sona Ram Bankira ...... Petitioner
-Versus-
The State of Jharkhand ....... Opposite Party.
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CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
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For the Petitioner : Mr. Pradeep Kumar Nayak, Advocate
For the State : A.P.P.
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2/26.04.2011
: The petitioner is an accused in the case registered under
Sections 414 of the Indian Penal Code, Section 25(1-b)A, 26 and 35 of
the Arms Act, Section 17 of the C.L.A. Act and Section 13 of U.A.P. Act.
Learned counsel appearing on behalf of the petitioner submitted
that the petitioner has been falsely implicated in this case; the
allegations are false and baseless; the story of recovery of pistol,
automatic foreign pistol, grenades and live cartridges, etc. is also
concocted; the petitioner is in custody since April, 2008; there is no
satisfactory progress in the trial; only three witnesses were examined in
February, 2010 and thereafter there is no progress in the trial; petitioner
is a local permanent resident; there is no chance of his absconding.
Learned A.P.P. opposed the petitioner’s prayer for bail and
submitted that several incriminating articles including cache of arms and
ammunitions were recovered from his possession; he has also got
criminal antecedent; the trial is in progress and is likely to be concluded
shortly.
Regard being had to the nature of allegation and stage of the
case, I am not inclined to release the petitioner on bail.
Petitioner’s prayer for bail is rejected. However, since the
petitioner is in custody since February, 2008, his trial shall be expedited.
If the petitioner’s trial is not concluded by 31 st August, 2011, the
petitioner shall be released on bail on furnishing bail bonds/sureties to
the satisfaction of learned trial court.
(Narendra Nath Tiwari, J.)
Shamim/