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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44279 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Narendra Kumar Singh @ Narendra Singh S/o Late Ramnath Singh Resident of Village-Dhanauti, P.S. - Sukhpura, District-Baliya (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 22-092015 in a case initially, registered against unknown for the offence under Sections-363, 379 of the IPC but after recovery of dead body of driver of the tractor, Sections-302, 201/34 of the IPC was also added.

Petitioner was made accused in this case on the ground that some witnesses claimed that four persons were talking with each others, naming this petitioner and three others. Subsequently, the petitioner and three others were caught with stolen tractor by UP police.

Submission on behalf of petitioner is that even if,

Patna High Court Cr.Misc. No.44279 of 2016 (4) dt.23-11-2016 2/2 the aforesaid story assumed to be true, then also, it cannot be said that it was the petitioner, who committed the murder of the concerned tractor driver. It is further submitted that the report of trial court goes to show that charge against the petitioner was framed on 16-08-2016 and uptill now, not a single prosecution witness could be examined. It is further submitted that there is no likelihood of conclusion of trial of the petitioner in near future. Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nokha P.S. Case No.

147 of 2015 corresponding to Sessions Trial No. 230 of 2016 to the satisfaction of Learned Additional Sessions Judge-VIII, Sasaram subject to condition that the petitioner shall attend the trial court, in person on each and every date for a period of nine months or till conclusion of his trial, whichever is earlier and if, he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T