Sonu Raj @ Sonu Kamkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.101 of 2017 Arising Out of PS.Case No. -44 Year- 2016 Thana -SIKRAUL District- BUXAR ====================================================== Sonu Raj @ Sonu Kamkar, Son of Ashok Kamkar, R/o Village- Tetrahar, P.S.- Sikroul, District- Buxar.

.... .... Appellant

Versus

The State of Bihar.

.... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Dr. Amrendra Kumar, Advocate For the Respondent/s : Mr. Sri Sadanand Paswan, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 Heard learned counsel for the appellant and learned Special P.P.

This appeal has been filed for setting aside the order the order dated 30.11.2016 passed in B.P. No. 671 of 2016 by 1st Additional Sessions Judge, Buxar and for granting bail to the appellant in connection with Sikroul P.S.Case No. 44 of 2016, registered for the offences punishable under Sections 384, 385, 386, 302, 120B/34 of the Indian Penal Code, 3(ii)(v) of SC/ST Act and 27 of the Arms Act.

Appellant is not named in the FIR and allegation is against FIR named accused persons.

It has been submitted on behalf of the appellant that appellant is not named in the FIR and his name transpires on the

Patna High Court CR. APP (SJ) No.101 of 2017 (5) dt.19-05-2017 2/2 basis of confessional statement of co-accused as well as his selfconfession and allegation of firing is against other accused person and not the appellant and he is in custody for about seven months. Learned Special P.P. has opposed the prayer stating that appellant has made his self-confession before police and further he has criminal antecedents and the case is serious in nature in which accused was demanding extortion from inside jail by this appellant and others.

Having heard both sides and considering the seriousness of allegation and appellant has criminal antecedents, I am not inclined to grant bail to the appellant. However, learned Special Court is directed to expedite the trial of the appellant along with other accused persons and try to conclude the same within a period of nine months. If trial is not concluded within the said period, appellant may renew his prayer for bail. Accordingly, the appeal is dismissed.

(Vinod Kumar Sinha, J) spal/- U