IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51093 of 2008 SUMAN MISTRI, Son of Late Rambali Mistri, resident of village- Lahasuna, P.S.Masaurhi, District-Patna. Versus THE STATE OF BIHAR ----------- 2. 22.1.2009 Heard Sri Chandra Shekhar Prasad, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner was found guilty and convicted of the offences under Sections 25 and 26 of the Arms Act and was awarded a sentence of R.I. for two years and was also directed to pay fine of Rs.2,000/- and in case of default in payment of fine, the petitioner was directed to go further simple imprisonment for three months. The petitioner is in custody since 2.11.2007 and, as such, he prayed before the Appellate Court, i.e., VIIth, Additional Sessions Judge, Patna for being admitted to bail on account of having served out the sentences in half as awarded by the learned trial Magistrate. The prayer was refused. The learned Additional Sessions Judge has indicated that the case was serious and the allegations were also serious but the learned Additional Sessions Judge has not pointed out as - 2 - to how much time he will require in disposing of the appeal after hearing it nor he has expressed any intention that the appeal could be taken up on priority basis for hearing and disposal. Considering that the petitioner has been found guilty and sentenced accordingly, I am also not inclined to direct the release of the above named petitioner on bail. Petition is dismissed. But I could direct the Appellate Court to hear the appeal and dispose it of in a further period of two months from the date of receipt/production of the copy of the present order. In case the court is lying vacant, in that situation the District & Sessions Judge, Patna shall transfer Cr.Appeal No.246 of 2008 from the Court of Additional Sessions Judge- VII,Patna to any court which has the Presiding Officer. The time frame set out above shall be equally binding upon the transferee court. Let a copy of this order be separately sent to the District & Sessions Judge, Patna for information and needful. B.Kr. ( Dharnidhar Jha, J. )