Manoj Kumar Singh @ Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62416 of 2017 Arising Out of PS.Case No. -123 Year- 2004 Thana -MASRAKH District- SARAN ====================================================== Manoj Kumar Singh @ Manoj Singh, S/o Mohar Singh, resident of VillageKomdh Bhagwanpur, P.S.- Panapur, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

This is a case of misuse of privilege of bail. Bail bonds of the petitioner were cancelled on 14.03.2012 and since then he was absconding and ultimately arrested by the police on 01.11.2017.

Petitioner seeks bail in connection with Sessions Trial No. 533 of 2006 arising out of Mashrakh (Panapur) P.S. Case No. 123 of 2004 pending in the Court of learned

Patna High Court Cr.Misc. No.62416 of 2017 (3) dt.31-01-2018 2/3 8th Additional District and Sessions Judge, Saran at Chapra registered for the offences punishable under Sections 147, 149, 323, 448, 427 and 436 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that petitioner along with two others assaulted the informant's brother and also fired and lit the house on fire.

It has been submitted by the learned counsel for the petitioner that he has no criminal antecedent and he had no knowledge that his petition under Section 317 of the Cr.P.C. was rejected on 14.03.2012 as the pairvikar had not informed him. He submits that he is ready to cooperate in the trial being Sessions Trial No. 533 of 2006 on day to day basis.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, I am not inclined to grant the privilege of bail to the petitioner at this stage. This application is, accordingly, rejected.

Patna High Court Cr.Misc. No.62416 of 2017 (3) dt.31-01-2018 3/3 Since the matter is an old one of the year 2004, trial Court is directed to conclude the trial within three months. If the trial is not concluded within the said period, petitioner is at liberty to renew his prayer for bail. (Nilu Agrawal, J.) Arjun/- U T