Bindu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34728 of 2016 Arising Out of PS.Case No. -212 Year- 2013 Thana -ALAMGANJ District- PATNA ====================================================== Bindu Singh, son of late Bharat Singh, resident of village Mokar Daulatpur, P.S. Jehanabad (O.P. Korauna), District Jehanabad at present Kankarbagh P.C.Colony, P.S. Kankarbagh, District Patna .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Satish Narayan Sinha For the Opposite Party/s : Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under section 364A of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the husband and brother-in-law of the informant and demanding ransom of Rs.10 lacs.

It has been submitted on behalf of the petitioner that he is in custody since 25.7.2016. Charge sheet has been submitted against the petitioner. The case has been committed to the court of Sessions. No allegation of tampering of witnesses is alleged against the petitioner. The petitioner is not named in the First Information Report. His name has come on the confessional statement of a co-accused. The confessional statement of the coaccused had led to recovery of the victim. Except confession of

Patna High Court Cr.Misc. No.34728 of 2016 (4) dt.19-10-2016 co-accused there is no substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the name of the petitioner has come in course of investigation and he has forty cases of similar nature pending against him and it would not be appropriate to grant him bail in social interest. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is, accordingly, rejected.

The trial court is directed to take necessary steps to expedite the trial and conclude the same preferably within a period of one year from the date of receipt/ production of a copy of this order.

The District Magistrate and Sr. Superintendent of Police, Patna are directed to ensure that the witnesses are produced on the date fixed by the trial court so that the trial should be concluded within the stipulated period.

Let a copy of this order be communicated to the District Magistrate and the Sr. Superintendent of Police, Patna for prompt action.

(Sudhir Singh, J) Surendra/- U