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Patna High CourtCR. MISC./36790/2015dismissed

Pradeep Kumar v. The State Of Bihar

2015-10-06Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.36790 of 2015 (3) dt.06-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36790 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -GAYA KOTWALI District- GAYA ====================================================== Pradeep Kumar Son of Dwarika Yadav Resident of village - Dharhara - Kalal, P.S. Fatehpur in the District - Gaya .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar For the Opposite Party : Mr. P.N.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 04.04.2015 in a case instituted under Sections 379 of the Indian Penal Code in connection with Kotwali P.S.Case No.52 of 2015 pending in the Court of CJM, Gaya.

As per allegation, it is a case of theft of a motorcycle of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.04.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. Petitioner has been made accused due to mistake of fact. Petitioner is not named in the FIR.

Patna High Court Cr.Misc. No.36790 of 2015 (3) dt.06-10-2015 On behalf of the State, it has been submitted that the name of the petitioner has come in course of the investigation. Petitioner is accused in as many as ten criminal cases of similar nature.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the above named petitioner, same is dismissed.

Anyhow the court below is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt of the production of the order.

(Sudhir Singh, J) B.Kr./- U T