Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38180 of 2016 Arising Out of PS.Case No. -301 Year- 2015 Thana -PANCHRUKHI District- SIWAN ====================================================== Arvind Singh S/o Lte Birbal Singh resident of Village- Dumra, P.S.- Jamo, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in Pachrukhi P.S. Case No. 301 of 2015 instituted for the offence under Section(s) 364(A)/34 of the Indian Penal Code, subsequently Section 302/201/120B of the Indian Penal Code was also added. The prosecution case as lodged by the brother of the deceased is that during course of morning walk, the brother of the informant was kidnapped by 6-7 unknown criminals at the railway platform, Panchrukhi with intention to kill for ransom. It has been submitted on behalf of the petitioner that petitioner is not named in the First Information Report. The other co-accused persons have already been granted bail by a

Patna High Court Cr.Misc. No.38180 of 2016 (10) dt.21-04-2017 2/3 coordinate Bench of this Court.

It has been submitted on behalf of the informant that case of this petitioner is on similar footing with co-accused Pappu Singh whose bail has already been rejected by a coordinate Bench of this Court vide order dated 29.11.2016 passed in Cr. Misc. No. 30838 of 2016. The trial has also started and some of the witnesses have already been examined in the trial. Learned A.P.P.

has submitted that on the basis of confessional statement of co-accused Pappu Singh as recorded in para 105 of the case diary, this petitioner was arrested and he also confessed his guilt before the police as mentioned in para 109 of the case diary and as per disclosure made by this petitioner and co-accused Pappu Singh as mentioned in para 111 of the case diary, part of the dead body of the victim was recovered and thereafter police prepared the inquest report of the dead body as well as seizure list as mentioned in paras 111 and 112 of the case diary. The seizure list bears the signature of this petitioner. In such circumstance, this Court is not inclined to grant bail to the petitioner at this stage. The prayer of the petitioner for grant of bail is rejected.

The Trial Court is directed to expedite the trial and make effort to conclude the same expeditiously within a

Patna High Court Cr.Misc. No.38180 of 2016 (10) dt.21-04-2017 3/3 period of nine moths. The petitioner is at liberty to renew his prayer for bail after nine months, if the trial is not concluded within the aforesaid period.

(Sanjay Priya, J) Shageer/- U T