Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2817 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -DARAUNDHA District- SIWAN ======================================================

1. Sanjay Kumar Singh son of Birendra Thakur resident of village Pipra, Police Station Daraunda, District Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 Heard the parties.

This application is for grant of bail in connection with Daraunda Police Station Case No.34 of 2016 for the offence under Section 302 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the other accused persons, who have similar allegation, have already been granted bail by this Court and the petitioner is in jail custody without any fault. It is further submitted that the petitioner was granted provisional bail and thereafter he prayed for confirmation of the same, as the other co-accused persons, who have similar allegation, have already been granted bail, but it was rejected, Thereafter, the petitioner surrendered before the learned court below and he is in custody since then.

Patna High Court Cr.Misc. No.2817 of 2017 (3) dt.01-03-2017 2/3 Heard learned A.P.P. as well as the learned counsel for the informant.

Having heard both sides. From perusal of the impugned order, it appears that the petitioner was granted provisional bail, vide order dated 17.06.2016 for four months, however, instead of surrender, he filed an application for confirmation of the provisional bail, vide B.P.No.456 of 2016, which was rejected by the learned court below on 25.11.2016 on the ground that his conduct was not good and he misused the privilege of condition of the bail. Thereafter, the petitioner surrendered on 05.12.2016. Considering the aforesaid aspect of the matter and conduct of the petitioner, I am not inclined to grant bail to the petitioner, however, considering the facts that the other co-accused have already been granted bail in this case, 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 renew his prayer for bail before the learned court below itself. With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.2817 of 2017 (3) dt.01-03-2017 3/3 U