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Patna High CourtCR. MISC./3394/2017rejected

Ravindra Kumar Singh @ Ravindra Singh v. The State Of Bihar

2017-02-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3394 of 2017 Arising Out of PS.Case No. -3 Year- 2002 Thana -AKBARPUR District- NAWADA ====================================================== RAVINDRA KUMAR SINGH @ RAVINDRA SINGH, Son of Late Ekram Singh, Resident of Village- Mohan Kundi, Police Station- Chanan, District- Lakhisarai.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 28-02-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No.544 of 2016/368 of 2016, arising out of Akbarpur P.S. Case No.3 of 2002, registered under Sections 364/34 of the Indian Penal Code, pending in the court of the Additional Sessions Judge-II, Nawada. Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the police got recorded the confessional statement of the co-accused Anil Singh, who confessed about committing the offence of the present case, saying that the vehicle, which was used in the

Patna High Court Cr.Misc. No.3394 of 2017 (3) dt.28-02-2017 2/2 kidnapping, was parked by him in front of the door of this petitioner and key of the vehicle was also handed over to the petitioner by him. Except the confessional statement of the co-accused Anil Singh, there is no material to show the complicity of the petitioner in the commission of the alleged offence. The petitioner is in custody since 25.09.2016. From perusal of the order dated 10.11.2016 passed by the Additional Sessions Judge-II, Nawada, in Sessions Trial No.544 of 2016/368 of 2016, rejecting the prayer of the petitioner for grant of bail, it appears that after investigation, the police submitted the supplementary chargesheet in the case against the petitioner showing him as absconder.

The case is of the year 2002 and the petitioner was absconding since long after the occurrence.

Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected. However, the petitioner would be at liberty to renew his prayer for bail after framing of the charge. (Rajendra Kumar Mishra, J) P.S./- U T