Hitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56447 of 2015 Arising Out of PS.Case No. -109 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Hitesh Kumar, son of Narsing Lal Deo, Resident of Village- Turki, Police Station- Baheri, District- Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha, Adv. For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-01-2016 Heard Sri Dharmendra Jha, learned counsel for the petitioner and Sri Satyendra Prasad, learned Addl. Public Prosecutor.

The petitioner, who is in custody since 06.06.2015 in connection with Sessions Trial No.232 of 2015(arising out of Baheri P.S. Case no.109 of 2015) registered for the offence under Sections 302, 201/34 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner submits that the petitioner was not named in the F.I.R. and only during investigation, the petitioner was apprehended on the basis of call detail of the mobile of the deceased. On the basis of aforesaid ground, he has made a prayer for grant of bail.

Patna High Court Cr.Misc. No.56447 of 2015 (4) dt.21-01-2016 2/2 Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner.

In this case, earlier the case diary was called for, which has been received. Learned Addl. Public Prosecutor, by way of referring to paragraph nos.55, 61,69, 72 and 74 of the case diary, submits that there is ample material against the petitioner. Besides hearing learned counsel for the parties I have also perused the case diary, on the basis of which the Court is satisfied that the petitioner does not deserve to privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U