Dharmendra Dubey @ Chandra Sekhar Dubey v. The State Of Bihar

Patna High Court Cr.Misc. No.9879 of 2015 (5) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9879 of 2015 Arising Out of PS.Case No. -31 Year- 2011 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Dharmendra Dubey @ Chandra Sekhar Dubey Son of Ram Kuwar Dubey Resident of village Bakulhar kala P.S. Patherwa, District Kushinagar( U.P) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Nirmal Kumar Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The present case was registered against two named accused and four unknown persons. Petitioner is not named in the first information report but in course of investigation, the name of this petitioner came in this case in confessional statement of coaccused, Sheru Singh as it appears from perusal of the impugned order of learned Additional Sessions Judge-II, Buxar.

Subsequently, he was put on Test Identification Parade and two witnesses are said to have identified the petitioner in Test Identification Parade which is evident from perusal of para 32 of the supplementary case diary.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.9879 of 2015 (5) dt.30-04-2015 well as submissions of the parties, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Sessions Trial No. 79 of 2012 arising out of Buxar (I) P.S. Case No. 31 of 2011 pending in the court of 4th Additional Sessions Judge, Buxar stands rejected.

However, learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T