Rohit Kumar @ Mahabir v. The State Of Bihar

Patna High Court Cr.Misc. No.60642 of 2017 (3) dt.19-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60642 of 2017 Arising Out of PS.Case No. -345 Year- 2017 Thana -SIWAN CITY District- SIWAN ====================================================== Rohit Kumar @ Mahabir S/o Vijay Kumar Gupta, R/o Mohalla- Fatehpur, P.S.- Siwan Town, District- Siwan. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikramdeo Singh, Mr. Manoj Kumar Singh & Mr Anil Chandra For the State : Mr. Ajay Kumar - I, APP For the Informant : Mr. Ranjan Kumar Dubey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-01-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Nagar PS Case No. 345 of 2017 registered under Sections 147, 148, 302 and 120B of the IPC.

The allegation in brief is that the accused persons kidnapped the victim from the sweet shop, brought to home and assaulted badly causing his death.

Submission is that the informant is not the eye witness and the only eye witness is said to be Vinay whose statement under Section 164 Cr.P.C. was recorded much belatedly. Learned Counsel for the informant submits that statement of Vijay was immediately taken and he has supported the case and said that in his presence the victim was kidnapped and the dead body of the deceased was found in front of the house of the petitioner. Having considered the said facts and circumstances the prayer for bail stands rejected.

The trial court is directed to expedite the trial. Snkumar/- (Arun Kumar, J.) U T