Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10545 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -PIRBAHOR District- PATNA ====================================================== Mukesh Kumar, S/o Ram Raj Rai, R/o- Kothwan, P.S.- Khagaul, DistrictPatna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-03-2017 This is an application for grant of regular bail for offences punishable under Section 386, 387, 120B/34 of the Indian Penal Code.

Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R rather his name has transpired in the confessional statement of the co-accused. Objection has been raised by the petitioner regarding his identification before the T.I.P. was held, as such there is value of identification of the petitioner in T.I.P. It has also been submitted that petitioner has clean antecedent.

Heard learned A.P.P. also.

Heard both sides. From the impugned order, it

Patna High Court Cr.Misc. No.10545 of 2017 (2) dt.21-03-2017 2/2 appears that petitioner has been identified in the T.I.P., as such, I am not inclined to grant bail to the petitioner, the same is rejected. However, the court below, i.e., C.J.M., Patna, is directed to expedite the trial of the petitioner in connection with Pirbahore P. S. Case no. 90 of 2016 if needed even after separating his case and conclude the same within a period of one year. The Senior Superintendent of Police, Patna, is also directed to ensure the presence of witnesses on the date fixed so that the trial may be concluded within one year. If the trial is not concluded within the stipulated period, he may renew his prayer for bail. Accordingly, this application stands dismissed. (Vinod Kumar Sinha, J) sudip/- U T