Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47203 of 2015 Arising Out of PS.Case No. -40 Year- 2013 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Nagendra Singh Son of Late Suraj Singh Resident of VillageBhagwanpur, P.S.-Udawantnagar, District-Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar Pandey For the Opposite Party/s : Mr. Kumar Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This is the third attempt on behalf of the petitioner for grant of bail in connection with Sessions Trial No. 49 of 2014 arising out of Udwant Nagar P.S.Case No. 40 of 2013 registered under Sections 304/34, 323, 341 and 308 of the Indian Penal Code.

It has been contended by the learned counsel for the petitioner that while rejecting the application for bail of the petitioner on 3rd September, 2014, liberty was granted to the petitioner to renew his prayer for bail if the trial is not concluded within one year. It is contended that the trial is still at an early stage and there is no likelihood of the trial being concluded in near

Patna High Court Cr.Misc. No.47203 of 2015 (2) dt.02-12-2015 2/2 future.

On the other hand, learned counsel for the informant has vehemently opposed the application filed on behalf of the petitioner. He has submitted that initially charge was framed under Section 304 read with 34 of the Indian Penal Code and 27 of the Arms Act, but later on, charge was amended and the petitioner was charged under Section 302 of the Indian Penal Code. By now, out of 14 prosecution witnesses, four have already been examined. He undertakes to produce the remaining witnesses within six months from today before the trial court.

Considering the submissions made at the Bar, the prayer for bail of the petitioner is rejected. The trial court is directed to hold trial of the petitioner on day-to-day basis and conclude the same within six months from the date of receipt/production of a copy of the order, failing which the petitioner would be at liberty to renew his prayer for bail before the trial court itself.

(Ashwani Kumar Singh, J) Pradeep/- U T