Baijnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8027 of 2017 Arising Out of PS.Case No. -12 Year- 2016 Thana -KAKO District- JEHANABAD ====================================================== Baijnath Kumar, son of Suresh Yadav, resident of Village- Dewariya P.S. & District- Jehanabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kako P.S.Case No. 12 of 2016 registered for the offences punishable under Section 395 of the Indian Penal.

It has been submitted on behalf of the petitioner that on the basis of confessional statement petitioner has been implicated in this case and there is nothing against him and apart from that he is in custody for one and a half months. Heard learned APP also, who has opposed the prayer for bail stating that investigation is going on and there is possibility of coming some more evidence against the petitioner. Having heard both sides and considering the fact that investigation is still going on with respect to the allegation under Section 395 IPC, I am not inclined to grant bail to the petitioner at

Patna High Court Cr.Misc. No.8027 of 2017 (2) dt.23-02-2017 2/2 this stage. However, petitioner may renew his prayer for bail after completion of four months in custody before the court below itself, who will consider prayer for bail of the petitioner on the basis of materials available on record and without being prejudiced by this order.

With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U