Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61917 of 2021 Arising Out of PS. Case No.-166 Year-2018 Thana- RUPASPUR District- Patna ====================================================== Rakesh Kumar, Son of Late Ramji Prasad, R/O Village- Badiha, P.S.- Nagar Nausha, District- Nalanda, At Present Residing At 1400, 15 Ba, Pachhmi Laxminagar Khemnichak, P.S.- Ramkrishna Nagar, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 12-01-2022 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Section 302 of the Indian Penal Code.

Earlier prayer for anticipatory and regular bail of the petitioner has been twice rejected as detailed in paragraph no. 2 of this application.

Informant in his written complaint has alleged that on 26.04.2018 at about 7:30 when he was on patrolling duty, he received information that near Jalalpur Canal and in between house of Arun Manjhi and Railway Line a dead body is lying.

Patna High Court CR. MISC. No.61917 of 2021(3) dt.12-01-2022 2/2 After receiving such information, he reached said place, he found the dead body of old man aged about 50 years lying in the field whose face was crushed badly and blood was oozing out. He tried to ascertain the identity of deceased but he got no information.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only on suspicion. Charge has been framed on 14.09.2021 and petitioner is in custody since 12.12.2019.

Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner. Accordingly this application is rejected.

However, the trial court is directed to expedite and conclude the trial within one year from the date of receipt/production of a copy of order passed by this Court. (S. Kumar, J) Rajiv/veenaU