Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39334 of 2017 Arising Out of PS.Case No. -320 Year- 2016 Thana -DARIYAPUR District- SARAN ====================================================== Dinesh Kumar, S/o Viswanath Mahto @ Vishwanath Mehta, resident of Village- Basti Jalal, P.S. Dighwara, District- Saran at Chapra. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tej Pratap Singh For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Dariyapur P.S. Case No. 320 of 2016 registered for the offences punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Petitioner is not named in the FIR and later on his name transpires during course of investigation.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and the SIM which was used is not of the petitioner, rather the same is of one Munna Kumar and petitioner is in custody since 5.1.2017. Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that SIM,

Patna High Court Cr.Misc. No.39334 of 2017 (3) dt.11-09-2017 2/2 which was being used by the petitioner in the crime, is recovered from the petitioner.

Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, since the petitioner is in custody for nine months, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U