Sakesh Bhuiyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31273 of 2020 Arising Out of PS. Case No.-105 Year-2018 Thana- AMBA District- Aurangabad ====================================================== SAKESH BHUIYAN S/o Mahendra Bhuiyan R/o village- Kasaina (Ishakhar), P.S.- Dhibra, District- Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 302, 120(B), 201 of the Indian Penal Code. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that on the basis of confessional statement of the petitioner, the weapon used in commission of the offence is said to have been recovered from the house of co-accused. The postmortem report also corroborates the allegations, made in the FIR. A report was called for from the trial court. It has been reported that only one prosecution witness i.e. the investigating officer is left to be examined in the present case and the trial is likely to be concluded within a period of three months.
Patna High Court CR. MISC. No.31273 of 2020(4) dt.24-03-2021 2/2 Considering the nature of accusation and stage of the case, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 78 of 2019/156 of of 2019 arising out of Amba P.S. Case No. 105 of 2018 is rejected.
Learned trial court is directed to take all necessary steps to conclude the trial preferably within a period of four months from the date of receipt/production of copy of this order. The District Magistrate and the Superintendent of Police, Aurangabad are directed to ensure the production of the investigating officer on the date fixed by the trial court so that the trial could be concluded within the stipulated period of four months.
Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Aurangabad for needful.
(Sudhir Singh, J) A.K.V.//- U T