Naveen Kumar Singh @ Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71064 of 2023 Arising Out of PS. Case No.-168 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== Naveen Kumar Singh @ Navin Kumar S/O Ashok Kumar Singh R/O VillageFatehpur Bala Tole Nasi, Ps. Musariharari, Dist. Samastipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chitranjan Sinha, Sr. Advocate :
Mr. Ranjit Kumar Yadav, Advocate For the State :
Mr. Sanjay Kumar Sharma, APP For the Informant :
Mr. Raj Kishore Roy, Advocate :
Mr. Rajesh Kumar, Advocate :
Dr. Gajendra Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-01-2024 Heard Mr. Chintranjan Sinha, learned senior counsel for the petitioner and Mr. Raj Kishore Roy, learned counsel for the informant assisted by Mr. Sanjay Kumar sharma, learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Tajpur P.S. Case No.168 of 2021 for the offences punishable under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3. Earlier the prayer for bail of this petitioner has been rejected twice vide order dated 30.03.2022 passed in Cr. Misc. No. 48060 of 2021 and thereafter the petitioner has again approached this Hon'ble Court in Cr. Misc. No. 62698 of 2022 the same was withdrawn with a liberty to move before the
Patna High Court CR. MISC. No.71064 of 2023(3) dt.12-01-2024 2/3 learned Court below and after that he approached this Hon'ble Court.
4. Learned senior counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He relies upon the report of the learned Trial Court submitting that in view of the learned Trial Court the learned Trial Court estimated the time for trial to be concluded in three months in view of the aforesaid the learned Trial Court may be directed to conclude the trial within a period of three months.
5. A report with regard to present stage of the trial has been called for by this Court vide order dated 03.11.2023 which has been received and forms part of this application at Flag-R. On perusal thereof, it would reveal that out of nine witnesses all the nine witnesses have been examined and the present case is pending at the stage of the record of the statement of the petitioner.
6. Learned APP for the State vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries five criminal antecedents other than the present one.
7. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.71064 of 2023(3) dt.12-01-2024 3/3 case as well as the report of the trial Court, which reveals that the trial has got substantial progress and the same is at the verge of conclusion, this Court does not find it to enlarge the petitioner on bail.
8. Accordingly, the prayer for bail of the petitioner is rejected. However, learned trial court is directed to expedite the trial and try to conclude it as stipulated time as mentioned in the report dated 10.11.2023.
(Rajesh Kumar Verma, J) ajay/- U T