IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.2062 of 2019 Arising Out of PS. Case No.-210 Year-1993 Thana- HILSA District- Nalanda ======================================================

Binda Prasad, S/o Late Ramchandra Singh, Resident of Village-Bela Bigha, P.S.- Arwal, District- Arwal, at present Resident of Friends Colony, Behind Yamuna Complex, Ashiyana Nagar, P.S.- Rajeev Nagar, District- Patna.

... ... Appellant Versus

1. The State of Bihar

2. Baleshwar Paswan, S/o Narayan Paswan Resident of Village-Akbarpur, P.S.-

Hilsa, District- Nalanda.

3. Sudhir Manjhee, S/o Rameshwar Manjhee, Resident of Village- Akbarpur, P.S.- Hilsa, District- Nalanda.

4. Rajdeo Malakar S/o- Pyare Malakar, Resident of Village-Akbarpur, P.S.-

Hilsa, District- Nalanda.

5. Sheo Kumar Paswan, S/o- Ramkhelawan Paswan, Resident of Village-

Rajwa, P.S.- Hilsa, District- Nalanda.

6. Bijendra Prasad, S/o- Dewan Singh @ Devan Ram, Resident of Village-

Bara Bigha, P.S.- Hilsa, District- Nalanda.

7. Sarjug Singh, S/o- Chamari Singh, Resident of Village- Jikha Khandha, P.S.-

Hilsa, District- Nalanda.

... ... Respondents ======================================================

Appearance :

For the Appellant/s : Mr. Umesh Kumar Singh, Advocate For the Respondent/s : Mr. Zeyaul Hoda, APPP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

10 16-02-2026 I.A. No.1 of 2019 The present interlocutory application has been filed by the appellant under Section 5 of the Limitation Act for condoning the delay of about eight years seven months and fourteen days in preferring the appeal.

2. The case is of year 1993, where respondent nos.

2-7 alleged to enter into premises of informant, who was working as Circle Officer along with 300 unknown persons and prevented them to discharge their official duties and also assaulted them for which, Hilsa P.S. Case No.210/1993 was lodged on 13.08.1993 for the offences punishable under Sections 147, 148, 149, 448, 427, 353, 332, 427 of the IPC and Section 27 of the Arms Act. The informant being C.O. also alleged to give order to the bodyguards along with Block Development Officer, where ten rounds of firing was made for which a counter case was also lodged against the informant. It further appears that no prosecution witnesses were turned up for long 13 years, as charge in this matter was framed on 20.12.1997 after exhausting all process to secure their presence, therefore, the respondents/accused persons were acquitted by learned trial court vide its order dated

01.10.2010 under Section 232 of the CrPC.

3. Explaining the ground of delay, it is submitted that at no point of time the summons and non-bailable warrant as issued by the trial court was received by witnesses and, therefore, they could not be examined during trial leading acquittal under Section 232 CrPC , which is bad in the eyes of law.

4. In support of aforesaid submission, learned counsel appearing for appellant stated about proceedings chronologically and submitted that the case has been committed on 02.05.1994 to the court of Sessions Judge Nalanda and thereafter, learned Session Judge, Nalanda transferred the same to the court of learned Additional Session Judge-2nd, Hilsa for trial and record received on 08.06.1994 and order for issuance of summons against accused persons [respondents no. 2 to 7] has been passed and case was fixed for appearance of accused persons [respondents no. 2 to 7]. It is also submitted that till 26. 11. 1994 when accused [respondents no. 2 to 7] did not appeared in the court then on 9.12.1994 their bail bond has been cancelled and order for non-bailable warrant of arrest has been passed against accused [respondents no. 2 to 7] and was issued on 20.4.1995. He further stated that on 2.6.1995 five accused persons surrendered before the court and released on bail, similarly, on 30.6.1995 one accused person appeared and released on bail and appearance of accused respondents no. 2 to 7 has b