Ram Bharosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52863 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Ram Bharosh Singh S/o Late Ram Balak Singh Vill- Ratanpur- P.S.- Town, Dist.- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 15-12-2015 Heard Sri Shubhesh Pandey, learned counsel for the petitioner and Sri Nand Kumar, learned A.P.P. The petitioner, who is in custody since 26.3.2015 on remand has prayed for grant of bail in connection with Begusarai Town P.S. Case No. 169 of 2014 registered for the offence under Section 363 and 364/364A of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was added has prayed for grant of bail.

Learned counsel for the petitioner has argued that petitioner in the present case has been made accused only on the

Patna High Court Cr.Misc. No.52863 of 2015 (2) dt.15-12-2015 2/3 basis of confessional statement of the co-accused namely Rahul Kumar. He submits that the co -accused Rahul Kumar has already been enlarged on bail by an order passed by this court. He submits that save and except confessional statement of the co-accused there is no other material to connect the petitioner. He further submits that except the petitioner almost all other accused persons have been enlarged on bail.

Learned A.P.P. has opposed the prayer for bail. Besides hearing learned counsel for the parties I have also perused the material on record. In the present case a nine year old boy was kidnapped, ransom was demanded, which was paid. Subsequently, the boy was killed. Thereafter, dead body of the boy was recovered. It appears that during investigation one of the co -accused namely Rahul Kumar was arrested who disclosed the involvement of all other accused persons including the petitioner. From the order impugned it is evident that co-accused Rahul Kumar had stated that the petitioner was instrumental in hatching conspiracy for such offence. Besides this one another co-accused has also named the petitioner. On perusal of paragraph no. 3 of the petition it is evident that petitioner is having criminal antecedent and he is accused in number of cases of serious nature.

Patna High Court Cr.Misc. No.52863 of 2015 (2) dt.15-12-2015 3/3 In view of antecedent of the petitioner, the court is not inclined to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T