Patna High CourtCR. MISC./53165/2017rejected

Sakaldeo Yadav @ Sakaldeo Kumar v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53165 of 2017 Arising Out of PS.Case No. -74 Year- 2017 Thana -ARWAL District- JEHANABAD ====================================================== Sakaldeo Yadav @ Sakaldeo Kumar, S/o Ashok Mahto, Resident of Village- Muradpur, Huzra, P.S. + District- Arwal. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate. For the Opposite Party/s : Mr. S. Ehteshamuddin, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Arwal P.S. Case No. 74 of 2017 registered under Section 392 of the Indian Penal Code. Four motorcycle borne criminals are said to have looted the bag of the informant containing Rs. 1,25,000/- from the dickey of the motorcycle of the informant.

It is submitted by learned counsel for the petitioner that there is nothing in the case diary indicating the complicity of the petitioner in the occurrence barring confessional statement of the petitioner and co-accused Sakendra Kumar which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 29.06.2017.

Patna High Court Cr.Misc. No.53165 of 2017 (3) dt.12-12-2017 2/2 On the other hand, it is submitted by learned APP that the petitioner has been identified by the informant in T.I.P. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer for bail of the petitioner is rejected.

However, learned trial court is directed to conclude the trial as expeditiously as possible within six months from the date of receipt of a copy of this order. The petitioner shall be at liberty to renew his prayer for bail on non-conclusion of the trial within the stipulated period.

(Prakash Chandra Jaiswal, J) Mishra/- U T