Sahil @ Sahil Kumar @ Lopi @ Lopi Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.44767 of 2016 (2) dt.09-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44767 of 2016 Arising Out of PS.Case No. -765 Year- 2014 Thana -KOTWALI District- PATNA ======================================================
1. Sahil @ Sahil Kumar @ Lopi @ Lopi Kumar son of Suresh Kumar Rajak, Resident of Village- Kurthaul , P.S. - Parsa Bazar, District - Patna .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 07.01.2016 passed in Cr. Misc. No. 40518 of 2015, on the ground that the petitioner is suffering in custody since 03.02.2015, up-till-now the trial has not been concluded and in near future it is not likely to be concluded. The identification of the petitioner from CCTV footage is doubtful and as such the petitioner deserves sympathetic consideration to which the learned APP duly assisted by learned counsel for the informant opposes by submitting that the sweater of the petitioner has been recovered which is similar to that of photograph from C.C.T.V. and other co-accused have confessed their guilt and the petitioner is the shooter. Prayer for bail of co-accused Anil
Patna High Court Cr.Misc. No.44767 of 2016 (2) dt.09-11-2016 Paswan @ Bhura has been again rejected by another co-ordinate Bench of this Court.
In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail of the petitioner, again his prayer for bail stands rejected in S. Tr. No. 39 of 2016 pending in the court of learned Additional Sessions Judge 9th, Patna with a direction to conclude the trial as per observation made in order dated 24.08.2016 passed in Cr. Misc. No. 18888 of 2016.
(Jitendra Mohan Sharma, J) avin/- U T