Aksai Hembram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26619 of 2017 Arising Out of PS.Case No. -582 Year- 2014 Thana -BANKA District- BANKA ====================================================== Aksai Hembram, Son of Niman Hembram, Resident of Village-Simanijor, Police Station Shikaripara, District Dumka, (Jharkhand). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nand Singh, Advocate Mr. Aarsh Kumar, Advocate For the Opposite Party : Mr. Matloob Rab (APP-34) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 27.06.2016 passed in Cri. Misc. No. 17452 of 2016, on the ground that the petitioner is suffering in custody since 14.09.2015, nothing has been recovered from the possession of the petitioner, he has been made victim of the circumstances, confessional statement recorded by the police has got no evidentiary value in the eye of law and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that SIM used in the mobile of deceased was recovered from possession of the petitioner and further he has confessed his

Patna High Court Cr.Misc. No.26619 of 2017 (2) dt.19-07-2017 2/2 guilt also.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in connection with Sessions Trail No. 08 of 2016, arising out of Banka (Barahat) P.S. Case No. 582 of 2014 pending in the court of learned Additional Sessions Judge-II, Banka.

However, the learned trail Court is directed to expedite the trial and conclude the same preferably within four months, from date of receipt/production of a copy of this order, failing which if the petitioner at no fault, may be at liberty to renew his prayer for bail.

(Jitendra Mohan Sharma, J.) Rajiv/- U T