Neeraj Kumar Singh @ Neeraj Singh v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2663 of 2017 (3) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2663 of 2017 Arising Out of PS.Case No. -201 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Neeraj Kumar Singh @ Neeraj Singh Son of Indradev Singh @ Inardev Singh, R/o Village- Purikh, P.S.- Bihara, District- Saharsa. .... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Madhav Jha For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-10-2017 The appellant seeks regular bail in connection with Bihra P.S. Case No. 201 of 2016, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 of the Indian Penal Code, and Section 3(1)(x), 3(2)(v) of SC/ST (POA) Act.

It appears that earlier the appellant's appeal for regular bail was dismissed by this Court vide order dated 15.05.2017 with observation that appellant may renew his prayer for bail after framing of charge, however, charge has not been framed in this case and appellant has again come for grant of bail. It has been submitted on behalf of the appellant that though charge has not been framed in this case but in the meantime other accused persons have been granted bail and the

Patna High Court CR. APP (SJ) No.2663 of 2017 (3) dt.13-10-2017 case of appellant is similar to the persons, who have been granted bail and appellant has been custody for last nine months. Heard learned A.P.P. also.

Having heard both sides, considering the fact that appellant's appeal for grant of bail has already been rejected by this Court with direction to the appellant to renew his prayer for bail after framing of charge, as such, I am not inclined to interfere with the earlier order and accordingly, the instant appeal is disposed of with direction to the court below/special court to expedite the commitment of the case and after commitment frame the charge and expedite the trial and, thereafter, the appellant shall be at liberty to renew his prayer for bail before the court concerned itself after framing of charge, who will consider this aspect that co-accused has already been granted bail and if the case of appellant is found to be similar to that of co-accused, he will release the appellant on bail to his own satisfaction. (Vinod Kumar Sinha, J) sunil/- U T