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Patna High CourtCR. MISC./9721/2015dismissed

Sunny Kumar v. The State Of Bihar

2015-04-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9721 of 2015 Arising Out of PS.Case No. -300 Year- 2014 Thana -PATLIPUTRA District- PATNA ======================================================

1. Sunny Kumar Son of Munna Prasad Resident of Village - Mukhia Lodge, East Manipura, Srinagar Gali, P.S.- Patliputra District -Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Advocate. For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2015 Heard both sides.

The petitioner seeks bail in Patliputra P.S. Case No. 300 of 2014, corresponding to Sessions Trial No. 1074 of 2014, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code.

The informant named three persons and alleged that his brother was found in company of Govind Kumar, Sunny Kumar the petitioner and Lungera @ Rakesh Kumar. One Govind Kumar co-accused was apprehended and he disclosed that all the three killed the deceased. The weapon dagger used in killing of the deceased was also recovered. In pursuance of the confessional statement of Govind Kumar, the petitioner also confessed his guilt and the dead body was recovered from under garbage heap.

Patna High Court Cr.Misc. No.9721 of 2015 (3) dt.06-04-2015 2/2 Considering the facts aforesaid and the fact that the weapon and the dead body were recovered in pursuance of the confessional statement of the accused persons, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within one year from the date of receipt/production of a copy of this order, if the trial is not concluded, the petitioner may renew his prayer for bail firstly before the court below.

(Prabhat Kumar Jha, J.) KKSINHA/- U T