Satya Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24848 of 2020 Arising Out of PS. Case No.-385 Year-2015 Thana- RAJIVNAGAR District- Patna ====================================================== Satya Narayan Singh, S/O Jivnandan Singh, R/O- Ekauna Kothi, Vir Kuwar Singh Chauk, Keshari Nagar, P.S. - Shastri Nagar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P. K. Shahi, Sr. Advocate Mr. Sudhir Kumar Singh, Advocate For the Opposite Party/s :

Mr. P. K. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Rajeev Nagar P.S. Case No. 385 of 2015 for the offence under Sections 147, 148, 149, 387, 341, 323, 324, 504, 506, 307, 302, 448, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Mr. P. K. Shahi, learned senior counsel for the petitioner submits that there is no material to keep the petitioner behind the bar in a case where the man, who was arrested, has given fatal fire-arm injury, has been released by the court below on 05.11.2018. He further submits that from the prosecution case, it appears that no overt act is alleged against the petitioner and in fact he was not present at the spot. The petitioner is in custody since 18.02.2020.

Considering the fact that the main accused has been

Patna High Court CR. MISC. No.24848 of 2020(3) dt.05-01-2021 2/2 granted bail by the court below itself, the court is left with no option, but to release the petitioner on bail. Accordingly, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-III, Patna in connection with Rajeev Nagar P.S. Case No. 385 of 2015 with the condition that the petitioner will extend full cooperation in conclusion of the trial.

The trial court is directed to expedite the trial and conclude the same in all respect within a period of nine months from the date of receipt of a copy of this order. The Senior Superintendent of Police, Patna is directed to take steps for production of all prosecution witnesses for their examination, so that the trial may be concluded within the time indicated herein above.

In the event, the petitioner causes any delay in conclusion of trial, the trial court shall be at liberty to cancel his bail bonds.

(Anil Kumar Upadhyay, J) uday/- U T