Naulakh Kumar @ Naulakh Singh @ Noulakh Kumar @ Noulakh Singh @Naulkha Kumar @ Naulkha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67285 of 2023 Arising Out of PS. Case No.-300 Year-2019 Thana- BYPASS District- Patna ====================================================== Naulakh Kumar @ Naulakh Singh @ Noulakh Kumar @ Noulakh Singh @NAULKHA Kumar @ Naulkha Singh Son Of Deoki Singh @ Deoki Rai Resident Of Village- Ranipur, Paijawa, Ps- Bypass, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the state.

2. The instance application for regular bail has been filed by the petitioner in connection with Sessions Trial No. 344 of 2022 arising out of Bypass P.S. Case No. 300 of 2019 instituted for the offence u/s 302, 506, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the application for regular bail of the petitioner was twice rejected by order dated 15.07.2021 passed in Cr. Misc. No. 5837 of 2021 and order dated

Patna High Court CR. MISC. No.67285 of 2023(2) dt.03-11-2023 2/3 31.08.2022 passed in Cr. Misc. No. 31981 of 2022, with a direction to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of order passed by this Court.

4. The allegation against the petitioner is that in collusion with other co-accused persons he fired upon the head of informant's son due to which he succumbed to fire arm injuries.

5. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that charge has been framed on 28.06.2023 and three witnesses have been examined. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 20.11.2019.

6. There is no hope to conclude the trial in near future despite the fact that petitioner is languishing in

Patna High Court CR. MISC. No.67285 of 2023(2) dt.03-11-2023 3/3 judicial custody for about four years.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bypass P.S. Case No. 300 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. II, Patna City.

(Sunil Kumar Panwar, J) Nirajkrs/- U T