Patna High CourtCR. MISC./16631/2019dismissed

Sakesh Bhuiyan v. The State Of Bihar

2019-07-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16631 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- AMBA District- Aurangabad ====================================================== Sakesh Bhuiyan Son of Mahendra Bhuiyan, Resident of Village- Kasaina (Ishakhar0, P.S.- Dhibra, District- Aurangabad (Bihar). ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302, 120(B), 201 of the Indian Penal Code. The prosecution case, in brief, is that a dead body was found lying. The dead body was detected to be of one Raj Kumar Bhuiyan.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 16-11-2018. Charge sheet has already been submitted. There is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioner in the present case.

Patna High Court CR. MISC. No.16631 of 2019(4) dt.24-07-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. On the basis of confessional statement of the petitioner, the weapon used in the occurrence is said to have been recovered from house of the coaccused namely, Sumitra Devi, who happens to be wife of the deceased. The postmortem report also corroborates the statement made by the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Amba P.S. Case No. 105 of 2018 is rejected.

The trial court is directed to expedite the trial and conclude the same, preferably within a period of nine months from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T