Navin Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23943 of 2016 Arising Out of P.S. Case No. -165 Year- 2013 Thana -NARDIGANJ District- NAWADA ====================================================== Navin Singh, Son of Janardan Singh, resident of Village - Zafra, P.S. Nardiganj, District - Nawada .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Binod Kumar 3, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.
The petitioner seeks bail in Nardiganj P.S. Case No. 165/13 registered under Section 302 and other sections of the Indian Penal Code, corresponding to S. Tr. No. 159 of 15 / 525 of 15.
The prayer for bail of the petitioner was earlier rejected vide order dated 09.04.2015 passed in Cr. Misc. No. 47748/2014 with a direction to the trial court to conclude the trial within one year from the date of receipt / production of a copy of that order.
Learned counsel for the petitioner submits that more than 11⁄2 years have elapsed but the trial has not yet been concluded but it appears from perusal of the report of the learned trial court that the record was received in the court of learned 1st
Patna High Court Cr.Misc. No.23943 of 2016 (3) dt.18-01-2017 2/3 Additional Sessions Judge, Nawada on 19.08.2016 after commitment. Thereafter, the petitioner filed a petition for discharge which was disposed of on 30.08.2016. The petitioner thereafter prayed for time to prefer revision petition against the order dated 30.08.2016.
Learned counsel for the informant as well as learned Additional Public Prosecutor submits that now charges have already been framed and the trial has begun. One prosecution witness has been examined. The trial is likely to be concluded within six months.
Considering the facts aforesaid and the nature of allegations made against the petitioner that it was the petitioner who assaulted the deceased with spade and consequently the deceased died on the spot, I am not inclined to grant bail to the petitioner in S. Tr. No. 159 of 15 / 525 of 15, arising out of Nardiganj P.S. Case No. 165/13. Accordingly, the same is rejected.
The trial court is directed to hold the trial on day-today basis and conclude the same within six months from the date of receipt / production of a copy of this order. The Superintendent of Police, Nawada is directed to ensure the attendance of the non-examined prosecution witnesses
Patna High Court Cr.Misc. No.23943 of 2016 (3) dt.18-01-2017 3/3 of S. Tr. No. 159 of 15 / 525 of 15, arising out of Nardiganj P.S. Case No. 165/13, so that the trial must be concluded within the aforesaid period of six months.
Let copy of this order be transmitted to the learned trial court as well as the Superintendent of Police, Nawada for information and needful.
(Prabhat Kumar Jha, J) Dilip/- U T