Teklal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16643 of 2016 Arising Out of PS.Case No. -291 Year- 2015 Thana -KATORIA District- BANKA ====================================================== Teklal Yadav S/o Baiju Yadav Resident of Village- Bagra, Police Station Chandan, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. A.L.Pandit(App) For the Informant : Mr. Shree Miwas Singh, Advocate Mr. Arjun Prasad, Advocate Mr. Ram Binay Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

Prosecution case is regarding murder of grandson of the informant by unknown persons.

It has been submitted on behalf of the petitioner that he is in custody since 25.12.2015. He has got no criminal antecedent. Chargesheet has been submitted in the case. Petitioner is not named in the F.I.R. Except for confessional statement of the petitioner, there is no other substantive material against the petitioner.

On behalf of the State and the informant, it is submitted that from perusal of para-21 of the case diary it is evident that on the alleged date, the petitioner had called the deceased on his mobile. Further, from perusal of para-39 of the case diary it is evident that on the confession of the petitioner blood-stained knife

Patna High Court Cr.Misc. No.16643 of 2016 (3) dt.23-05-2016 2/2 was recovered. Again, from perusal of the post mortem report it is evident that the nature of injuries upon the deceased is incised wounds.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner, same is rejected. Any how, the trial court, i.e., the Additional Chief Judicial Magistrate Ist , Banka is directed to take necessary steps to conclude the trial in connection with Katoriya (Suiya) P.S. case no 291 of 2015 within a period of one year from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) sudip/- U T