IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.5313 of 2023 Arising Out of PS. Case No.-34 Year-2020 Thana- GHOSI District- Jehanabad ======================================================

ASHOK VISHWAKARMA ... ... Appellant/s Versus THE STATE OF BIHAR ... ... Respondent/s ======================================================

Appearance :

For the Appellant/s : Mr. Paras Nath, Adv.

For the Respondent/s : Mr. Zeyaul Hoda, Spl. PP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

6 18-02-2026 Heard the parties.

2. The present application has been preferred:

againsts the judgment and order of sentence dated 25.8.2023 and 29.8.2023 passed in S.Tr. No.89/021 arising out of Ghosi P.S.Case No. 34/020 by Sri Rajesh Kumar Verma, learned Addl. Sessions Judge-III,Jehanabad whereby and where under the appellant has been convicted and sentenced to undergo R.I. for three years U/S 25(1-B)a of the Arms Act and fine of Rs.5000/-and in default of payment of fine he shall further undergo Simple imprisonment for the period three month and further convicted and sentenced to undergo R.I. for 10 years and fine Rs.10,000/- U/S 25(1-AA) of the Arms Act and in default of payment six month and further convicted and sentenced R.I. for Five Years and fine of Rs.5000/- U/S 26(2) of the Arms Act and in default of payment of fine he has to serve simple imprisonment of three months, the earlier period of incarceration may be set- off from the total period of sentences and all the sentences run concurrently.

I.A. No. 02 of 2025

3. The present I.A. has been preferred:

for grant of bail to the petitioner during pendency of the aforesaid appeal in which he has been convicted and sentence by the judgment and order of sentence dated 25.8.2023 and 29.8.2023 passed in S.Tr. No.89/021 arising out of Ghosi P.S.Case No. 34/020 by Sri Rajesh Kumar Verma, learned Addl. Sessions Judge-III,Jehanabad whereby and where under the appellant has been convicted and sentenced to undergo R.I. for three years U/S 25(1-B)a of the Arms Act and fine of Rs.5000/-and in default of payment of fine he shall further undergo month and further convicted and sentenced to undergo R.I. for 10 years and fine Rs.10,000/- U/S 25(1-AA) of the Arms Act and in default of payment fine he has to further convicted and sentenced R.I. for Five Years and fine of Rs.5000/- U/S 26(2) of the Arms Act and in default of payment of fine he has to serve simple imprisonment of three months, the earlier period of incarceration may be set-off from the total period of sentences and all the sentences run concurrently.

4. The aforesaid I.A. has been preferred for suspending sentence during the pendency of the appeal and to release the appellant on the ground that he has already been in custody for more than five years in the following manner:

(i) 26.01.2020 to 24.08.2022 initially;

(ii) 25.08.2023 (after the order of the learned Trial Court) - till date.

5. The appeal was admitted on 19.12.2023 and stood dismissed on 15.02.2025 as not pressed.

6. Let the State file objection in the matter.

7. List this case on 17.04.2026.

(Rajiv Roy, J)

Vijay Singh/-

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