Mukeshwar Pandey @ Makeshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61498 of 2021 Arising Out of PS. Case No.-9 Year-2012 Thana- KANTI District- Muzaffarpur ====================================================== Mukeshwar Pandey @ Makeshwar Pandey Son Of Ram Rakesh Pandey @ Ram Rufeg Pandey Resident Of Village- Dhamauli Ramnath, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-04-2022 Heard learned counsel for the parties.

The petitioner is an accused in connection with Kanti P.S. Case No. 09 of 2012 of the Indian under Sections 302, 201 and 120(b) of the Indian Penal Code.

The allegation in the F.I.R. is that three persons on two motorcycles came and took away the informant's nephew and it is further alleged that alongwith the other accused persons they strangulated him by pressing his neck and threw the dead body in the orchard. The further allegation is that there was a money transaction between his nephew and the accused persons and it was with an intention to grab the said money that he was killed.

The matter is of year 2012 and in course of the

Patna High Court CR. MISC. No.61498 of 2021(2) dt.21-04-2022 2/2 investigation, the role of the petitioner herein came up before the police and as per the learned Sessions Judge's order he was found to be one of the active members in the killing of the nephew of the informant.

The process of the law was delayed inasmuch as the F.I.R. was lodged in the year 2012 and the petitioner finally chose to come within the judicial net i.e. he was finally arrested on 13.08.2021 i.e. full nine years after the alleged occurrence. Taking into account the aforesaid facts, this Court for the present is not inclined to grant any relief to the petitioner and the bail application is hereby rejected.

(Rajiv Roy, J) mdrashid/- U T