Munna Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.9853 of 2015 (6) dt.07-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9853 of 2015 Arising Out of PS.Case No. -297 Year- 2014 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Munna Kumar Son of Wakil Sharma resident of Village - Nadauna, P.S. Bhagwanganj, District - Patna presently residing at mohalla Raja Bazar, P.S. - Pehanabad Town district Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06/ 07.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is named in the first information report but admittedly, neither informant nor any person claimed to have seen the actual killing of the deceased persons of this case. Petitioner was arrested in course of investigation and made his confessional statement leading to recovery of a gold ring of one of the deceased from a jewellery shop. The statement of shop keeper was recorded under section 164 of the Cr.P.C in which the aforesaid shop keeper clearly stated that the petitioner and co-accused Sangeeta Devi had come to sell the aforesaid gold ring. It is pertinent to note here that it is the same Sangeeta Devi whose name appeared in the first information report on the accusation that on the alleged date of occurrence, deceased had telephoned disclosing this fact that he was

Patna High Court Cr.Misc. No.9853 of 2015 (6) dt.07-09-2015 in the house of Sangeeta Devi.

Moreover, in course of investigation, call detail of the petitioner was also verified and it was found that prior to alleged occurrence, petitioner was in constant touch with the deceased and other accused of this case.

Considering the facts and circumstances as well as submissions of the parties, I am not inclined to grant the privilege of bail to petitioner and accordingly, his prayer for bail in connection with Jehanabad P. S. case no. 297/2014 pending in the court of the Chief Judicial Magistrate, Jehanabad stands rejected. However, the learned trial court is directed to expedite the trial of the petitioner and conclude the same as early as possible. shahid (Hemant Kumar Srivastava,J) U T