Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65385 of 2018 Arising Out of PS. Case No.-24 Year-2015 Thana- MATIHANI District- Begusarai ====================================================== Narayan Singh, Son of Awadh Kishore Singh, Resident of Village- Chak, P.S. Matihani,Distt.-Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. S.K. Lal, Adv.

Mr. Pritish Kumar Lal, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

Mr. Akhileshwar Prasad Singh, Sr. Adv.

Mr. Surendra Prasad Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-01-2019 Heard Sri S.K. Lal, learned counsel, assisted by Sri Pritish Kumar Lal, learned counsel for the petitioner, Sri Ram Anurag Singh, learned Addl. Public Prosecutor as well as Sri Akhileshwar Prasad Singh, learned senior counsel, assisted by Sri Surendra Prasad Singh, learned counsel for the informant.

This is third attempt for grant of bail on behalf of the petitioner in Matihani P.S. Case No. 24 of 2015 registered for the offence under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. On 22-08-2016 vide Cr. Misc. No. 34628 of 2016, the prayer for bail of this petitioner was rejected by this

Patna High Court Cr.Misc. No.65385 of 2018(3) dt.02-01-2019 2/3 Court considering the fact that he was convict and he was sentenced to undergo rigorous imprisonment in another case and in an appeal, he was granted bail by this Court. While he was availing the privilege of bail, he was involved in the present case with an accusation that he gave shot from close range on temporal region. Thereafter again, the petitioner moved for bail, which too was rejected on 13-09-2017 and now this is the third attempt.

Sri Lal, learned counsel for the petitioner submits that all other accused persons have been granted bail and only the petitioner is languishing in jail. He further submits that case is not proceeding properly, whereas Sri Akhileshwar Prasad Singh, learned senior counsel appearing on behalf of the informant, on instruction, submits that during trial, the prosecution evidence has already been closed and the case has been fixed for recording statement under Section 313 of the Code of Criminal Procedure. Meaning thereby that the trial has almost come to its logical end.

Considering the seriousness of accusation and conduct of the petitioner, the prayer for bail of the petitioner

Patna High Court Cr.Misc. No.65385 of 2018(3) dt.02-01-2019 3/3 was rejected repeatedly as well as the fact that the trial is at the fag end, there is no reason to review my earlier order. The prayer for bail stands again dismissed.

(Rakesh Kumar, J.) nawalkrs/- U T