Dhanush Prasad @ Dhanusdhari Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16797 of 2021 Arising Out of PS. Case No.-107 Year-2020 Thana- PARWALPUR District- Nalanda ====================================================== DHANUSH PRASAD @ DHANUSDHARI PRASAD SON OF LATE BHAVIKSHAN MAHTO RESIDENT OF VILLAGE- ASTUPUR, P.S.- PARVALPUR, DISTRICT- NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

M/s Yogesh Chandra Verma, Sr. Advocate Priyanka Singh, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP For the Informant :

Mr. Rajiv Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-01-2022 Heard learned senior counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 364, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the son of the informant was taken away by the six accused persons including the petitioner herein and the informant apprehends that he may be killed.

It is submitted by learned senior counsel appearing for the petitioner that in course of investigation the confessional statement of one Suraj led to the discovery of the dead body of

Patna High Court CR. MISC. No.16797 of 2021(9) dt.25-01-2022 2/2 the son of the informant. There are no eye witness to the actual occurrence. The petitioner is an old man aged about 63 years and has no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. As per the report received from the learned trial court contained in letter dated 23.12.2021, eight out of the ten witnesses have been examined on behalf of the prosecution and the trial is likely to conclude within six months. Having heard learned counsel for the parties and taking into the consideration the nature of allegation and the facts and circumstances of the case together with the progress in the trial in the learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T