Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67199 of 2022 Arising Out of PS. Case No.-259 Year-2020 Thana- ALAMNAGAR District- Madhepura ====================================================== Navin Kumar Son Of Naresh Singh R/O Vill.- Gangapur Kachhri (Kachari), Ward No. 04, P.S.- Alam Nagar (Ratwara O.P.), Distt.- Madhepura ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate Mr. Alok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. By filing this application, the petitioner has renewed his prayer for regular bail in connection with Alam Nagar P.S. Case No. 259 of 2020 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code and later on, Section 302, 120(B) and 34 of the Indian Penal Code was also added. He is in custody since 06.01.2021. The petitioner has otherwise no criminal antecedent.

3. Learned counsel for the petitioner submits that this Court had lastly rejected the prayer for bail of the petitioner vide order dated 08.02.2022 in Cr. Misc. No. 37370 of 2021, thereafter the charges were framed against the petitioner on 04.08.2022 but for last more than one year, no progress has been made in course of trial. Learned counsel submits that the petitioner has already

Patna High Court CR. MISC. No.67199 of 2022(3) dt.06-10-2023 2/2 spent more than two and half years in judicial custody.

4. Learned APP for the State has, however, opposed the prayer for bail of the petitioner. Referring to the order of this Court passed in Cr. Misc. No. 37370 of 2021, learned APP submits that several materials which were found on the record have been noticed by this Court in its order.

5. Having heard learned counsel for the petitioner and the State as also on going through the records, this Court finds no fresh ground to entertain the present application at this stage.

6. The prayer for regular bail of the petitioner is, thus, refused, however, finding that the case is fixed at the stage of prosecution evidence in a vacant court, this Court directs the District Judge, Madhepura to ensure transfer of this case to a suitable court where evidence can go on at the earliest opportunity.

7. Let the trial court proceed with the prosecution evidence at the earliest opportunity and all endeavours be made to conclude the trial as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order.

8. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T