LAWS(PAT)-2009-4-79

MD SHAHABUDDIN Vs. STATE OF BIHAR

Decided On April 22, 2009
MD SHAHABUDDIN Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the state.

(2.) THE prayer for bail of the petitioner in a police case registered under Sections 414 of I. P. C. and 25 (1-B) (a) and 26 of the Arms act was rejected on 16-10-2006 in Cr. Misc. No. 45671/05. He preferred S. L. P. (Criminal) No. 6798/06 which was also dismissed on 2-2-2007. The renewed prayer for bail has been rejected on 23-5-2008 in Cr. Misc. No. 16692/08. S. L. P. (Criminal) No. 6035/ 08 questioning rejection of the renewed prayer for bail has also been rejected noticing that the trial was at an advanced stage.

(3.) LEARNED counsel for the petitioner submits that charges have been framed under Sections 414 of I. P. C. and 25 (l-B) (a)and 26 of the Arms Act. The maximum punishment under the Indian Penal Code is three years. Under the former provision of the Arms Act the punishment is three years, under the latter provision of the Arms Act the punishment given in (sub-section 1) is for a period between six months to seven years.