Patna High CourtCR. MISC./57968/2018disposal with observation

Rupesh Kumar @ Kali @ Kali Singh v. The State Of Bihar

2018-09-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57968 of 2018 Arising Out of PS.Case No. -514 Year- 2017 Thana -CHAPRA TOWN District- SARAN ======================================================

1. RUPESH KUMAR @ KALI @ KALI SINGH S/o Shambhu Singh, resident of Village- Dahiyawan Tola, Tadi, P.S.- Chhapra Mufassil, District- Saran at Chhapra.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Yashraj Bardhan, Advocate For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-09-2018 Heard the parties. The Petitioner seeks regular bail in connection with Chhapra Town P.S. Case No. 514 of 2017, registered for offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

As per F.I.R., allegation against the petitioner is that the petitioner along with others were taken the deceased and later on the dead body of deceased has been found and further appears that the petitioner is accused in five other cases. Submission of the learned counsel for the petitioner is that only on the basis of suspicion the petitioner has falsely been implicated in this case and only the petitioner was last seen with

Patna High Court Cr.Misc. No.57968 of 2018 (3) dt.28-09-2018 2/2 the deceased except that there is no other direct evidence to show the involvement of the petitioner in the occurrence and the petitioner is in judicial custody since 31.03.2018. Heard learned A.P.P. who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of bail to the petitioner. However, learned Trial court is directed to expedite the trial and try to conclude the same within nine months and the petitioner shall co-operate in disposal of the trial.

This application is accordingly, disposed of. (Vinod Kumar Sinha, J) Sudha/- U T