Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8026 of 2015 Arising Out of P.S. Case No. -241 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Chandan Kumar, S/o Sri Ashok Mistri, resident of Village Manpur Bairia, P.S. Gopal Pur, Dist. - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tilak Sao, Advocate. For the Opposite Party/s : Mr. Ashok Kr. Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-03-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 302/34 of the Indian Penal Code.

The petitioner is not named in the F.I.R. The petitioner was apprehended along with other accused persons and the petitioner is alleged to have confessed his guilt. It is submitted that in pursuance of the confession made by the petitioner, one blood-stained shirt of the petitioner was recovered from the house of the petitioner but the shirt was not sent to Forensic Science Laboratory. The petitioner is in jail since 30.09.2014.

On perusal of the record, it appears that the petitioner along with other accused persons was apprehended. The petitioner confessed his guilt and he disclosed that in course of killing Sonu,

Patna High Court Cr.Misc. No.8026 of 2015 (3) dt.25-03-2015 2/2 he got blood stain on his shirt. The shirt was kept in his house. The blood-stained shirt of the petitioner was recovered from the house of the petitioner. The petitioner and another accused Uday Chaudhary confessed their guilt and, in pursuance thereof, the mat of the auto-rickshaw and the blood-stained knife, with which the deceased was killed, were recovered. Blood was also found on the mat. It appears that the deceased was brutally killed. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Gauari Chak P.S. Case No. 241/14. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within a year.

(Prabhat Kumar Jha, J) Dilip/- U T