Rakesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22597 of 2019 Arising Out of PS. Case No.-13 Year-2017 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Rakesh Dubey Son Dadan Dubey Resident of Village - Kanauj, P.S.- Bhabhua, Distt - Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Prasad Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302 & 201 of the Indian Penal Code. The prosecution case, in brief, is that the of informant's father was murdered and his dead body was found lying eastern side of village-Kakai.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 10-01-2017. Charge sheet has already been submitted. There is no eye witness to the alleged occurrence. In course of investigation, blood stained clothes were recovered from house of the petitioner. Broken bricks and

Patna High Court CR. MISC. No.22597 of 2019(5) dt.27-09-2019 2/2 the bed having blood stain on it were also recovered from the house of the petitioner. The recovered blood stained materials were sent to FSL for its chemical examination. The FSL report indicates that the blood found on the seized articles is of human origin. The house of the petitioner is hardly 100 metres away from the place where dead body of the deceased was found. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature and manner of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Bhabua P.S. Case No. 13 of 2017 is rejected.

Since the petitioner is in custody since 11-01-2017, the trial court is directed to take all possible steps to expedite the trial and conclude the same, preferably within a period of nine months from the date of receipt/production of copy of this order. (Sudhir Singh, J) A.K.V.//- U T