Patna High CourtCR. MISC./52885/2015dismissed

Rakesh Kumar Singh @ Janson @ Janson Kumar Singh v. The State Of Bihar

2017-03-15Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52885 of 2015 Arising Out of PS.Case No. -48 Year- 2013 Thana -KHAJAULI District- MADHUBANI =========================================================== Rakesh Kumar Singh @ Janson @ Janson Kumar Singh, Son of Ajit Kumar Singh @ Ajit Singh resident of Village Khajauli, P.S. Khajauli, District - Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s :

Mr.

For the Informant :

Mr. Murari Narain Chaudhary and Mr. Vijay Kumar, Advocates For the State :

Mr. Uma Nath Mishra, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 15-03-2017 Heard learned counsel for the parties.

The petitioner seeks bail in Khajauli P.S. Case No. 48 of 2013 dated 23.06.2013 instituted under Sections 324/302/34 of the Indian Penal Code.

This is the second attempt of the petitioner for bail as earlier such prayer was rejected by order dated 18.06.2014 passed in Cr. Misc. No. 11207 of 2014.

Learned counsel for the petitioner submitted that the petitioner is in custody since 11.11.2013. However, no mitigating circumstances, except for passage of time has been shown after the last order of rejection dated 18.06.2014.

Patna High Court Cr.Misc. No.52885 of 2015 dt.15-03-2017 2/2 Learned A.P.P. and learned counsel for the informant submitted that the prosecution story is supported by witnesses and the postmortem report as well as the injury report corroborate the version in the F.I.R. and the petitioner is named as the sole assailant. It was further submitted that the crime was preplanned. Having regard to the aforesaid, the Court is not inclined to grant bail to the petitioner.

Accordingly, the application stands dismissed. In view of the petitioner being in custody since 2013, the Court below is directed to expedite the trial and conclude the same within nine months positively.

Registry shall communicate the order to the Court below through Fax also latest by day after tomorrow. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T