Rakesh Roy @ Rakesh Ranjan Roy v. The State Of Bihar

Patna High Court Cr.Misc. No.24228 of 2017 (6) dt.09-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24228 of 2017 Arising Out of PS.Case No. -73 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Rakesh Roy @ Rakesh Ranjan Roy, son of Sri Kamlesh Roy, resident of Village- Tulsipur, Police Station- Kharik in the district of Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Adv. For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 The petitioner seeks regular bail in connection with Bihpur (Jhandapur) P.S. Case No. 73 of 2016, registered for offences punishable under Sections 302, 120(B) and 34 of Indian Penal Code.

Allegation against the petitioner and other co-accused persons is of killing the brother of the informant. It has been submitted on behalf of the petitioner that his name transpired in this case only on the basis of confessional statement of co-accused and save and except suspicion, there is nothing against the petitioner to show his involvement in the alleged offence. Further he has been in judicial custody for about four months and so far other criminal antecedents are concerned, he is on bail in all those cases.

Patna High Court Cr.Misc. No.24228 of 2017 (6) dt.09-08-2017 Learned counsel for the State opposed the prayer for bail and submitted that the petitioner was main conspirator of the alleged offence and just after the occurrence Rs. Ten lakh was transferred in his bank account. Further CDR details also shows petitioner's presence near the place of occurrence and petitioner has criminal antecedent as he is accused in six other cases all are serious in nature.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, the trial court is directed to expedite the trial and try to conclude it within a period of nine months. (Vinod Kumar Sinha, J) sunil/- U T