Rajesh Prasad @ Rajesh Rawani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2308 of 2015 Arising Out of PS.Case No. -293 Year- 2014 Thana -GAYA (KOTWALI) District- GAYA ====================================================== Rajesh Prasad @ Rajesh Rawani Son of Dinesh Rawani Resident of villTekari Road (Fatehganj), P.S-Kotwali, Distt.-Gaya .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Abhay Kr.Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 12-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 364, 302, 201 and 120(B) of IPC.
Allegation is that the petitioner along with other coaccused kidnapped and caused the death of Md. Sazzad @ Jully, the youngest brother of the informant.
It is submitted that only suspicion has been raised against the accused including the petitioner to have committed the death of the deceased. There is no eye witness to the occurrence. The dead body has not been recovered on the basis of the confessional statement of the petitioner.
Patna High Court Cr.Misc. No.2308 of 2015 (3) dt.12-03-2015 2/2 Submission of other side is that accused including the petitioner has confessed their guilt. On the basis of confessional statement of co-accused Nausad, the dead body has been recovered and he has also given the vivid description of planning and conspiracy among the accused including the petitioner as to how the deceased would be killed and they would be given Rs.2,50,000/- each. The mobile of the deceased has also been recovered on the confessional statement of the petitioner. After investigation, the case has been found true, cognizance has been taken and the case has been committed to the court of Sessions. Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.
Let the trial be expedited.
(Amaresh Kumar Lal, J) Kanchan/- U T