Sandeep Kumar @ Sanni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42357 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- RAMPUR District- Gaya ====================================================== SANDEEP KUMAR @ SANNI YADAV S/o Late Acharaj Gope R/o Mohalla- Dindayal Nagar, Neema, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2022 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Rampur Police Station Case No. 02 of 2021, registered for the offence punishable under Section 302 of the Indian Penal Code. Learned Senior Counsel for the petitioner submits that the First Information Report has been registered against unknown and the petitioner has been made accused in this case on the basis of his confessional statement and the tower location of the mobile phone, the SIM of which was registered in the name of the daughter of one Munni Devi, and the deceased was not found near the same. He further submits that even if the confessional statement of the co-accused, whose bail application

Patna High Court CR. MISC. No.42357 of 2021(3) dt.21-04-2022 2/3 was rejected by this Court, is taken into account, it was the coaccused Parduman Kumar, who had first assaulted the deceased with a stone on his head.

On the other hand, learned Additional Public Prosecutor submits that after arrest of the petitioner and the coaccused, they admitted their involvement in the present offence, their confessional statements were recorded and on the basis of their confessional statements, stone having blood mark was recovered from the place disclosed by the petitioner and the coaccused. Regard being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that on the basis of confessional statements, the stone (weapon of crime) has been recovered by the Police having blood stain mark and multiple injuries have been found on the deceased during the course of post mortem examination and the bail application of co-accused Praduman Kumar has already been rejected by this Court, vide order, dated 31.03.2022, passed in Criminal Misc. No. 31886 of 2021, I am not inclined to grant regular bail to the petitioner. This application is, accordingly, dismissed.

However, the learned Court below is directed to

Patna High Court CR. MISC. No.42357 of 2021(3) dt.21-04-2022 3/3 expedite the trial.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √