Patna High CourtCR. MISC./9570/2017dismissed

Rikesh Kumar @ Rikesh Kumar Yadav v. The State Of Bihar

2017-05-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9570 of 2017 Arising Out of PS.Case No. -571 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== RIKESH KUMAR @ RIKESH KUMAR YADAV, S/o Dinesh Yadav, Resident of Village- Bhatoriya, P.S.- Madhusudanpur, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Subodh Kumar Jha with Mr. Pranav Kumar Jha, Advocates For the Opposite Party/s : Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kotwali (Adampur) P.S.Case No. 571 of 2016 registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is that after the occurrence he was arrested at the spot and he has disclosed the names of other accused persons in his confessional statement. It has been submitted on behalf of the petitioner that petitioner has not fired at the deceased, rather some other coaccused has fired and he has no criminal antecedent and has remained in custody for six months.

Patna High Court Cr.Misc. No.9570 of 2017 (3) dt.02-05-2017 2/2 Heard learned APP also, who has opposed the prayer for bail stating that petitioner was arrested at the spot. Having heard both sides and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial and try to conclude it on day-to-day basis, preferably within a period of nine months. If trial is not concluded within the said period, petitioner may renew his prayer for bail. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U