Patna High CourtCR. MISC./69343/2019rejected

Shri Niwash Singh @ Ram Niwash Singh v. The State Of Bihar

2020-06-17Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69343 of 2019 Arising Out of PS. Case No.-124 Year-2007 Thana- SHEOHAR District- Sheohar ====================================================== SHRI NIWASH SINGH @ RAM NIWASH SINGH S/o Ramvijay Singh @ Vijay Singh R/o Village- Fatahpur, P.S. and District- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Jha, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-06-2020 Heard learned counsels for the petitioner, informant and learned APP for the State.

The petitioner is languishing in custody since 23.06.2016 in a case registered for the offences punishable under Sections 307 and 302 of the Indian Penal Code. As per the prosecution case, the petitioner pierced knife in the abdomen of the informant, as a result, his intestine came out. Thereafter, the petitioner escaped from the scene. After sometime, the informant succumbed to the injuries. It is submitted by learned counsel for the petitioner that there is no accusation of repeating the blow and there is no likelihood of trial being concluded since the physical Court is not functional due to present pandemic, Covid-19. A statement has been made in paragraph no.3 of the petition that the

Patna High Court CR. MISC. No.69343 of 2019(5) dt.17-06-2020 2/2 petitioner is not having any criminal antecedent. Learned counsel for the State submits that the accusation is specific against the petitioner. Considering the nature of accusation, this Court is not inclined to revise the earlier order dated 13.02.2017, passed in Criminal Miscellaneous No. 2550 of 2017 by a co-ordinate bench of this Court.

Accordingly, the prayer for bail of the petitioner in connection with S. Tr. No. 115 of 2016, arising out of Sheohar P.S. Case No. 124 of 2007, pending before the learned Sessions Judge, Sheohar is hereby rejected.

However, the petitioner is at liberty to renew the prayer for bail, if the trial is not concluded within a period of seven months.

(Dinesh Kumar Singh, J) Ashwini/- U T