Chandan Kumar @ Chandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17764 of 2017 Arising Out of PS.Case No. -142 Year- 2005 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Chandan Kumar @ Chandan Singh, S/o Lalan Singh @ Yadhishthir Singh, R/o Village- Basantpur, P.S. Ara Mufassil, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harsh Singh For the Opposite Party/s : Mr. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2017 Heard the parties.

The petitioner seeks regular bail in connection with S.Tr. No.52 of 2016 arising out of Ara Nawada P.S.Case No.142 of 2005, registered for offences punishable under Section 364(A) of the Indian Penal Code.

Allegation against the petitioner that he is not named in the F.I.R. and later on, his name transpired, however, the learned counsel for the petitioner has fairly submitted that his name transpired in the year, 2006 but he could not appear and he was declared absconder in this case by separating trial of the other coaccused persons and the trial of other co-accused persons has already commenced and several witnesses have been examined and they have not taken name of the petitioner.

Patna High Court Cr.Misc. No.17764 of 2017 (2) dt.20-04-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and considering the fact that the petitioner has been declared absconder and, according to him, after the year, 2006, he has surrendered on 09.09.2016, as such I am not inclined to grant bail to the petitioner at this stage, however, as per submissions of the learned counsel for the petitioner that the trial of the other co-accused persons has already commenced, the learned trial court is directed to expedite the trial and try to conclude it within a period of six months and if not concluded, the petitioner is at liberty to move before the court concerned, which will be considered on the basis of materials available at that time on the record.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U