Patna High CourtCR. MISC./9208/2017dismissed

Nageshwar Singh v. The State Of Bihar

2017-03-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9208 of 2017 Arising Out of PS.Case No. -249 Year- 2004 Thana -JAHANABAD District- JEHANABAD ====================================================== Nageshwar Singh, son of Late Ram Nandan Singh, resident of village - Seonan, P.S. Jehanabad, District - Jehanabad .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sessions Trial No. 538 of 2016/213 of 2016, arising out of Jehanabad P.S.Case No. 249 of 2004 registered for the offences punishable under Sections 302, 306 and 120B of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is no allegation against the petitioner except that he accompanied the deceased and mother of the deceased has disclosed the name of other accused persons. It has further been submitted that petitioner has no knowledge about the case but later on he surrendered in this case and has remained in custody since 23.9.2016.

Patna High Court Cr.Misc. No.9208 of 2017 (3) dt.18-03-2017 2/2 Heard learned APP also.

Having heard both sides and from perusal of the record it appears that in this case charge-sheet has been submitted showing the petitioner as absconder in the year 2004 itself and petitioner has surrendered in this case in the year 2016 and due to that trial of the petitioner and other accused persons was delayed and now charge has also been framed, which is evident from impugned order, as such, I am not inclined to grant bail to the petitioner.

However, considering the fact that this is an old case, trial court is directed to expedite the trial and try to conclude the same within a period of one year. If the trial is not concluded within the said period, the petitioner will be at liberty to renew his prayer for bail.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U