Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3168 of 2015 Arising Out of PS.Case No. -421 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Manoj Kumar Son of Rambrat Singh Resident of Chulhaichak P.SRupaspur, Distt.-Patna .... .... Petitioner

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate.

For the Opposite Party : Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-07-2015 Heard Mr. Yogesh Chandra Verma, Sr. counsel for the petitioner and the learned APP.

The petitioner seeks bail in Bihta P.S. Case No. 421 of 2014 registered for the offences punishable under Sections 364, 302 and other Sections of the Indian Penal Code. Mantu Kumar the deceased with Suraj Kumar and Kanhai Singh @ Sonu Kumar went to attend a marriage party, but the petitioner along with others came on a Bolero bearing registration no. BR-1PE-7002 dragged Mantu inside the vehicle. On the next morning the dead body of Mantu was found near Krishna Public School.

Sri Yogesh Chandra Verma, the learned Sr. counsel for the petitioner submits that at best this is a case of last seen. One

Patna High Court Cr.Misc. No.3168 of 2015 (3) dt.23-07-2015 2/2 accused namely Satendra Kumar @ Nunu Yadav @ Nunu Rai @ Munnu Rai has been granted bail vide order passed in Cr. Misc. No. 51736 of 2014.

From perusal of the records, it appears that Suraj Kumar and Kanhai Singh @ Sonu Kumar who were accompanying Mantu on the motorcycle have very categorically stated that the petitioner Manoj Kumar and six others came on a Bolero jeep dragged Mantu Kumar inside the jeep and fled away. The informant made search throughout the night, but in the next morning the dead body of Mantu was found lying near the Krishna Public School. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

However, the trial court is directed to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order.

The S.S.P., Patna is directed to ensure the attendance of the witnesses of Bihta P.S. Case No. 421 of 2014, so that the trial must be concluded within one year.

(Prabhat Kumar Jha, J.) KKSINHA/- U T