Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17162 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -KHODABANDPUR District- BEGUSARAI ====================================================== Rakesh Kumar, son of Kailash Yadav @ Pashan Yadav, resident of village Kumbhi, P.S. Cheriya Bariarpur, District Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur with Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Khodabandpur P.S.Case No. 155 of 2016 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.

Allegation is that petitioner along with others had taken the deceased along with him and later on his dead body was found.

It has been submitted on behalf of the petitioner that even according to FIR, at best, it is a case of last seen and except that there is nothing against the petitioner and he is in custody since 7.1.2017.

Heard learned APP also, who has opposed the prayer for bail stating that in the case diary witnesses have supported the

Patna High Court Cr.Misc. No.17162 of 2017 (3) dt.02-05-2017 2/2 prosecution case.

Having heard both sides and in view of strong suspicion against the petitioner, I am not inclined to grant bail to the petitioner.

However, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months. If trial is not concluded within the said period, petitioner may renew his prayer for bail.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U