Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66523 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Dhiraj Kumar S/o Vijay Mandal Resident of Mohalla- Donar, P.S. Laheriasarai, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Das, Advocate.

For the Opposite Party/s :

Mr. Shyameshwar Dayal. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Laheriasarai P.S. Case No. 34 of 2018 instituted for the offence under Sections 302, 201 and 120(B) of the Indian Penal Code.

In the written report it is alleged that informant learnt from Md. Heera that his brother Rahul Kumar Das has been kidnapped by this petitioner and other co-accused persons as named in the written report. It is further alleged that one coaccused Chandan Kumar had given threat to kill his brother. Accused Chandan Kumar Das had committed murder of father of petitioner in the year 2013.

Case diary has been received.

Learned A.P.P. after looking into the case diary

Patna High Court Cr.Misc. No.66523 of 2018(4) dt.19-12-2018 2/2 submits that statement of Md. Heera has been recorded in paragraph-7 of the case diary wherein he has taken the name of this petitioner. Later on dead body of deceased has been recovered on the basis of statement of co-accused Chandan Kumar and Ashraf. One country made pistol and cartridges have been recovered from the house of Md. Ashraf at the instance of this petitioner.

The learned A.P.P. submits that all the witnesses have stated that the accused persons as named in the written report were taking the victim on Motorcycle and later on dead body was found.

Therefore, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer for bail of the petitioner stands rejected. The trial court is directed to expedite the trial. (Sanjay Priya, J) S.Ali/- U T