Vijay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1467 of 2017 Arising Out of PS.Case No. -155 Year- 2015 Thana -BARACHATTI District- GAYA ====================================================== Vijay Singh, Son of Late Rajendra Prasad Singh, Resident of VillageChitarsari, P.S. Rafiganj, District- Aurangabad. At Present New Area M.G.Road , P.S. + Distt- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shambhu Sharan Singh, Advocate For the Opposite Party : Mr. Umanath Mishra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected by order dated 18.03.2016 passed in Cri. Misc. No. 3146 of 2016, on the ground that the petitioner is in custody since 18.05.2015, he has been implicated merely on suspicion, the confessional statement of co-accused has got no evidentiary value in the eye of law, the petitioner was not arrested from the room of Flat No. 906, but from the basement of Sharda Apartment, the articles of the victim were recovered from flat and not from the basement and, as such, the petitioner deserves sympathetic consideration. The witnesses examined during trial have not identified the petitioner.

Patna High Court Cr.Misc. No.1467 of 2017 (4) dt.29-03-2017 2/2 Learned APP seriously opposes the prayer of bail by submitting that the petitioner and other co-accused were apprehended and from the basement itself the looted Audi Car besides other vehicles were recovered and further from that flat the articles of the victims were also recovered which was identified by them also later on.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected. However, considering the detention of the petitioner the learned trial court is directed to expedite the trial and to conclude the same as early as possible preferably within six months.

(Jitendra Mohan Sharma, J.) Rajiv/- U T