Patna High CourtCR. MISC./32101/2019dismissed

Arjun Thakur v. The State Of Bihar

2019-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32101 of 2019 Arising Out of PS. Case No.-48 Year-2016 Thana- MAKER District- Saran ====================================================== ARJUN THAKUR Son of Tarkeshwar Thakur Resident of Village- Chainpur Fulwariya, P.S.- Maker, District- Saran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No.29 of 2017 arising out of Maker P.S. case No.48 of 2016 registered under Section 302 of the Indian Penal Code, pending in the court of 5th A.D.J., Saran, Chapra.

Allegation is that the accused persons committed murder of the son of the informant and threw his dead body in a ditch.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.04.2016 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.32101 of 2019(4) dt.20-09-2019 2/2 His name has come in course of investigation. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. His name has come in course of investigation. On the confession of the petitioner, the weapon used in the occurrence is said to have been recovered. Same is admissible under the Evidence Act.

Considering the fact that the confession of the petitioner has led to recovery, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order, taking into consideration that the petitioner is in custody since 27.04.2016..

(Sudhir Singh, J) Narendra/- U T