Patna High CourtCR. MISC./25873/2016rejected

Pankaj Kumar v. The State Of Bihar

2016-11-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25873 of 2016 Arising Out of PS.Case No. -186 Year- 2014 Thana -NAWADA District- NAWADA ======================================================

1. Pankaj Kumar Son of Krishna Deo Ram @ Krishna Deo Singh, resident of Village- Gariba, P.S. Rajauli, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-11-2016 Heard both sides.

The petitioner seeks bail in Nawada Town P.S. case No. 186 of 2014, corresponding to Sessions Trial No. 274 of 2015/ 03 of 2016, under Section 364A, 120B/34 of the Indian Penal Code.

The prayer of petitioner for bail was earlier rejected by this court vide order dated 29.09.2015 passed in Cr. Misc. No. 7941 of 2015.

It is submitted that petitioner is in jail for no fault on his part but it appears that during the course of investigation, it has come that it was the petitioner who called the deceased and thereafter the deceased went but he did not return. The petitioner was apprehended and at his instance blood stained different

Patna High Court Cr.Misc. No.25873 of 2016 (2) dt.23-11-2016 2/2 articles were recovered. Other accused persons have also confessed their guilt on the basis of which the dead body of victim was recovered. The prayer of petitioner for bail was rejected by the Supreme Court also.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The learned 4th Additional Sessions Judge-Nawada, who is in seisin of Sessions Trial No. 274 of 2015/ 03 of 2016, is directed to hold the trial on day to day basis and conclude the same within nine months.

The Superintendent of Police, Nawada is directed to ensure the attendance of all non-examined prosecution witnesses of Nawada Town P.S. case No. 186 of 2014, corresponding to Sessions Trial No. 274 of 2015/ 03 of 2016, in the court of learned 4th Additional Sessions Judge, Nawada so that the trial must be concluded within nine months.

(Prabhat Kumar Jha, J) BKS/- U T