Vikas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16088 of 2017 Arising Out of PS.Case No. -330 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ====================================================== Vikas Kumar, aged about 23 years Son of late Upendra Kumar Resident of Village Ramji Chok, P.S. Fatuha, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.Dr. Shambhu Narayan Singh, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Muffasil P.S.Case No. 330 of 2015 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that petitioner is not named in this case and only on the basis of confessional statement of another accused he has been implicated in this case and he is in custody for 15 months. Learned counsel has fairly admitted that he has been convicted in the earlier case from which he has been remanded.

Heard learned APP, who has opposed the prayer for bail.

Patna High Court Cr.Misc. No.16088 of 2017 (3) dt.08-04-2017 2/2 Having heard both sides and considering the fact that petitioner has already been convicted in another case and his name transpires on the basis of confessional statement, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected. However, learned trial court is directed to expedite the trial and try to conclude it within a period of six months on day-today basis and further Superintendent of Police, Saran, is directed to ensure that the witnesses are present in court on the date fixed so that the trial is concluded within the said period. If trial is not concluded within the said period, petitioner may renew his prayer for bail.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U