Patna High CourtCR. MISC./37916/2016rejected

Binod Yadav v. The State Of Bihar

2016-09-14Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37916 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -SIMRA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Binod Yadav, son of Paras Yadav, resident of Village- Panchgawan, Police Station- Semra, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 11.02.2016 passed in Cri. Misc. No. 1072 of 2016, which was disposed of with Cr. Misc. No. 55253 of 2015 and 1655 of 2016, on the ground that the petitioner is not named in the First Information Report, the confessional statement made before the police has got no evidentiary value in the eye of law and the petitioner is suffering in custody since 20.07.2015, to which the learned APP seriously opposes by submitting that during investigation, it has come that the petitioner took away Niraj Kumar Yadav @ Mulayam Yadav for providing him chocolate when he was playing, thereafter his

Patna High Court Cr.Misc. No.37916 of 2016 (2) dt.14-09-2016 2/2 dead body was recovered and further the petitioner confessed his guilt also.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of bail, again the prayer for bail of the petitioner stands rejected. However, the learned trial court is directed to expedite the trial and conclude the same preferably within six months after, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T