Manikant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42510 of 2014 Arising Out of PS.Case No. -206 Year- 2012 Thana -PARWATTA District- KHAGARIA ======================================================

1. Manikant Singh S/o Late Ramadhar Singh R/o Village - nayagaon, Satkhtti, P.S. - Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : . Dinoo Kumar, Advocate with Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Parmanand Kumar(APP) For the informant : Mr. Rajeshs Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2015 Heard the parties.

The petitioner seeks bail in Parbatta P.S.Case No.206 of 2012 (Trial No.19 of 2014) registered under Sections 302/34 IPC. The petitioner is alleged to have caught the deceased and on such, Kamal Kumar Singh is said to have fired. Shri Dinu Kumar, learned counsel for the petitioner, submits that the petitioner is not an assailant of the deceased. During the course of investigation, Laxman Prasad Singh, uncle of the petitioner said that one Sunil Kumar Singh caught the informant and not the petitioner. The petitioner is in jail since 15.9.2014 and the petitioner has got no criminal antecedent. On the other hand, learned counsel for the informant and learned APP opposed the prayer for bail.

From perusal of record, it appears that the petitioner was absconding during the trial and the case of the petitioner was separated. The petitioner was apprehended on 15.9.2014. Ram Nihora Singh, who is order giver, has already been convicted. The

Patna High Court Cr.Misc. No.42510 of 2014 (5) dt.19-05-2015 2/2 trial of the petitioner and other accused persons is at its fag ends and only two witnesses are to be examined. The learned Additional Sessions Judge, Khagaria has also reported that trial is likely to be concluded.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail and accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within four months from the date of receipt or production of a copy of this order. If the trial is not concluded within four months, the petitioner may renew his prayer for bail firstly before the trial court.

(Prabhat Kumar Jha, J) ahk/- U T