Patna High CourtCR. MISC./15586/2016rejected

Manoj Yadav v. The State Of Bihar

2016-05-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15586 of 2016 Arising Out of PS.Case No. -319 Year- 2013 Thana -BODHGAYA District- GAYA ====================================================== Manoj Yadav son of Sri Hardeo Yadav, R/o Village- Khaira, P.S.- Conch, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate.

For the Opposite Party : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2016 Heard both sides.

The petitioner has renewed his prayer for bail in Sessions Trial No. 267/2014, 565/2014, arising out of Bodh Gaya (Cherki) P.S. Case No. 319 of 2013, registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code. Prayer for bail of the petitioner was earlier rejected vide order dated 30.09.2015 in Cr. Misc. No. 22970 of 2015. Shri Dhirendra Kumar Sinha, learned counsel for the petitioner submits that bail petition of the petitioner was rejected on consideration of the facts that the petitioner is said to have confessed his guilt and motorcycle of the deceased was recovered in pursuance of confession from the house of the petitioner. It has further been submitted that other accused persons who are said to

Patna High Court Cr.Misc. No.15586 of 2016 (2) dt.04-05-2016 2/2 have kidnapped the deceased have already been enlarged on bail. The seizure list witnesses have been examined and they did not support the factum of the recovery of the motorcycle of the deceased from the house of the petitioner.

Considering the facts aforesaid and the fact that the trial has already begun and the seizure list witnesses have been examined and it appears that the petitioner has confessed his guilt and from the house of the petitioner the motorcycle of the deceased was recovered and one year has not elapsed since 30.09.2015 and the trial has already begun, I am not inclined to enlarge the petitioner above named on bail.

Accordingly, the same is rejected.

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