Deepak Kumar Singh @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49994 of 2016 Arising Out of PS.Case No. -57 Year- 2012 Thana -NAYAGAON District- BEGUSARAI ======================================================

1. DEEPAK KUMAR SINGH @ DEEPAK KUMAR S/o Ram Bilash Singh R/o Vill.----Sihma Dih, P.S.- Matihani Dist.- Begusarai .... .... Petitioner/s

Versus

1. The state of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 17.09.2016 in connection with Nayagaon P.S. Case No. 57 of 2012, registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with others came to the house of the deceased and taken him away with themselves.

It has been submitted on behalf of the petitioner that save and except the theory that deceased was last seen with petitioner, no incriminating material has come in the case diary so as to implicate the petitioner in the present case and also some of the accused persons have already been granted bail and the petitioner

Patna High Court Cr.Misc. No.49994 of 2016 (2) dt.15-12-2016 2/2 has been languishing in jail since 17.09.2016 Heard also, learned counsel for the informant and learned A.P.P. Learned counsel for the informant has submitted that the petitioner has specific role to play in kidnapping and murder of the deceased and since he was absconding in this case, he may not be granted the privilege of bail.

Considering the aforementioned facts and circumstances, and the nature of offence, I am not inclined to grant the petitioner, the privilege of bail, it is accordingly rejected. However, learned Court below is directed to commit the case to the Court of sessions and once the charges are framed against the petitioner, his prayer of bail may be considered on facts and merit of the case, considering the submissions advanced on behalf of the petitioner that save and except 'last seen theory', there is nothing against the petitioner.

With the above observation, this application is, accordingly, disposed of.

(Vinod Kumar Sinha, J) sunil/- U T