Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51895 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Rajesh Kumar Son of Chandra Shekhar Paswan R/V- Arjun Sherthua, P.SKhodaganj, Dist- Nalanda. At present- House No. 208, mandir Wala Gate Baba Haridas Tekari Kalan Delhi West ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
According to prosecution case, a headless body of a lady was recovered by the police and a purse was also found lying near the dead body with PAN card. It is further alleged that during investigation, the name of the petitioner came in light in the confessional statement of the co-accused person.
Patna High Court CR. MISC. No.51895 of 2022(4) dt.14-03-2023 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that he has not committed any offence as alleged in the F.I.R. He further submits that the name of the petitioner has been transpired on the confessional statement of the co-accused person. He further submits that the charge has been framed against the petitioner on 08.12.2021 and till date the trial has not been concluded. The petitioner is in custody since 18.03.2021.
Vide order dated 09.02.2023 a report was called with regard to the present stage of trial. Report dated 21.02.2023 reveals that out of 9 charge sheet witnesses, 5 prosecution witnesses have been examined and the case is pending for the examination of rest of the prosecution witnesses. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and the report of the trial court which suggests that the trial is in advance stage, I am not inclined to enlarge the petitioner on bail in connection with Jehanabad P.S. Case No. 192 of 2021 (in S.T. No. 284 of 2021 and 416 of 2022) pending in the court of learned Additional Sessions Judge-II, Jehanabad..
Patna High Court CR. MISC. No.51895 of 2022(4) dt.14-03-2023 3/3 Prayer is refused.
However, the learned Trial Court is directed to expedite and conclude the trial at the earliest. (Rajesh Kumar Verma, J) Vanisha/- U T