Nand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66255 of 2018 Arising Out of PS. Case No.-1 Year-2015 Thana- NASRIGANJ District- Rohtas ====================================================== Nand Singh, Son of Late Shiv Prasan Singh, Resident of Village- Indrahiya, P.S.- Sasaram M Distt.- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Abhinay Raj For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with S.T. No. 394 of 2015, arising out of Nasriganj (Rajpur) P.S. Case No. 1 of 2015, registered under Sections 302, 307, 323, 341, 504, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is allegation against the petitioner to assault at the mouth of Dhanwanti Devi, mother of the informant and when Anita Devi, daughter of the informant came out then petitioner fired at her, who fell down and died in course of treatment at Rajpur hospital. Further submission is that petitioner, who is aged about 60 years is in

Patna High Court CR. MISC. No.66255 of 2018(3) dt.13-03-2019 2/2 custody since 23.01.2015, while the charge against the petitioner has been framed on 29.06.2017, but up till now, out of 11 witnesses only two prosecution witnesses have been examined and there is no chance of conclusion of trial of the petitioner in near future.

A report, as called for, regarding the present stage of trial, has been received from the Court of 3rd Addl. Sessions Judge, Rohtas at Sasaram vide Letter no. 08, dated 28.01.2019, which disclosed that out of 11 chargesheet witnesses only two prosecution witnesses have been examined and nine prosecution witnesses are yet to be examined in this case.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 3rd Additional Sessions Judge, Rohtas at Sasaram in connection with S.T. No. 394 of 2015, arising out of Nasriganj (Rajpur) P.S. Case No. 1 of 2015.

(Rajendra Kumar Mishra, J) manish/- U T