Niraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2555 of 2023 Arising Out of PS. Case No.-83 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== NIRAJ KUMAR SINGH S/O SRI VINDA SINGH R/O Village-Jaitiya Simari, P.O. Nabinagar Road, P.S. Nabinagar, Dist. Aurangabad ... ... Appellant/s
Versus
THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sunil Kumar Singh For the Respondent/s :
Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 03-11-2023
1. Heard learned counsel for the appellant and learned counsel for the State.
2. This appeal under Section 101(5) of the Juvenile Justice (Care and Protection of Children) Act, 2015 has been filed for setting aside the order dated 30.09.2021 passed by the learned 1st Additional Sessions Judge, Aurangabad in connection with Nabinagar P.S. Case No. 83 of 2020 for the offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code, whereby and whereunder the learned Trial Court has pleased to reject the prayer for bail of the appellant.
3. Learned counsel for the appellant submits that the appellant has not participated in the alleged occurrence. He
Patna High Court CR. APP (SJ) No.2555 of 2023 dt.03-11-2023 2/3 has been implicated in this case only on the basis of the earlier dispute between the two villagers at the instance of his enemies. Learned counsel further submits that the appellant is a student and his parents are ready to execute bond of his good behaviour and he will not indulge in any criminal activities in future.
4. Learned counsel appearing for the State opposes the prayer for bail of the appellant and submits that the learned Trial Court after considering all the materials available on record has rejected the prayer for bail of the appellant by a reasoned order. The order of the Trial Court mentions that there is direct allegation against the appellant. The allegation against the appellant is serious in nature.
5. Vide order dated 25.08.2023, the detailed report with respect to the stage of trial was called for which has been received. From perusal of the aforesaid report, it appears that the trial is in progress and the time expected to be taken for conclusion of the trial is about eight months.
6. Having considered the above facts and circumstances of the case as well as the submissions advanced on behalf of the learned counsel for the State as also the report of the learned Trial Court, this Court is not inclined to grant the privilege of bail to the appellant. The prayer for bail of the
Patna High Court CR. APP (SJ) No.2555 of 2023 dt.03-11-2023 3/3 appellant is, therefore, rejected.
7. Accordingly, the appeal is dismissed with a direction to the Trial Court to conclude the trial within a period of six months from today.
(Arvind Srivastava, J) shailendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.11.2023 Transmission Date 07.11.2023