Patna High CourtCR. MISC./34319/2016rejected

Satyendra Singh v. The State Of Bihar

2016-11-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34319 of 2016 Arising Out of PS.Case No. -35 Year- 2011 Thana -HASPURA District- AURANGABAD ====================================================== Satyendra Singh Son of Late Lal Babu Singh Resident of Village - Hardayal Bigha ( Gahna ), P.S. Haspura, District - Aurangabad .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar No.6 For the Opposite Party/s : Mr. Lalan Kumar ====================================================== 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 seeks bail in a case registered for the offences punishable under Section 302 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Earlier the prayer for bail of the petitioner was rejected by this court but again bail is sought on the ground that petitioner is in jail custody since 03.10.2015 but up till now, his trial has not commenced.

The learned Judicial Magistrate 1st Class, Daudnagar has reported vide his letter no. 121/2016 dated 17.10.2016 that Haspura P.S. Case No. 35 of 2011 is pending for appearance of other accused persons.

Patna High Court Cr.Misc. No.34319 of 2016 (3) dt.23-11-2016 2/2 Petitioner is said to be main assailant and therefore, again I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Haspura P.S. Case No. 35 of 2011 pending in the court of Sri Siddharth Pandey, Judicial Magistrate 1st Class, Daudnagar stands rejected. However, the concerned Judicial Magistrate is directed to commit the case of the petitioner to the court of sessions in accordance with law within two weeks from the date of receipt/production of copy of this order even by separating his case from other accused and after commitment, the concerned Sessions court should expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T