Gulab Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10916 of 2018 Arising Out of PS. Case No.-172 Year-2017 Thana- MANSI District- Khagaria ====================================================== Gulab Yadav, Son of Late Ramrup Yadav, Resident of Village- Kumar Chakki, Police Station- Mufassil, District- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binay Kumar For the Opposite Party/s :
Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Mansi P.S. Case No.172 of 2017, registered under Sections 364/34 of the Indian Penal Code. Later on Sections 302/201/120(B)/34 of the Indian Penal Code were also added. Allegation in brief is that the husband of the informant was called by Guddu Yadav and Ashish Yadav, the FIR named accused persons, thereafter he became traceless and his mobile was also found switched off.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR, except the confessional statement of the petitioner, there is no other evidence against him; whereas the learned counsel appearing on behalf of the
Patna High Court Cr.Misc. No.10916 of 2018(4) dt.04-04-2018 2/2 informant refers paragraphs 27, 28 and 37 of the case diary that the mobile of the deceased having particular IMEI number was recovered from the house of the petitioner and also mobile number 7361856859 was used, which is the same number used in the same mobile by the petitioner after the occurrence. Having considered the said facts and circumstances, the prayer of bail of the petitioner is presently rejected in connection with Mansi P.S. Case No.172 of 2017 pending in the court of learned CJM, Khagaria.
However, the trial court is directed to expedite the trial.
(Arun Kumar, J) S.KUMAR/- U T