Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52097 of 2016 Arising Out of PS.Case No. -241 Year- 2015 Thana -BARH District- PATNA ====================================================== Chandan Kumar son of Krishna Prasad resident of village Chondi, P.O. + Police Station - Barh, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Informant : Mr. Manoj Kr. Singh, Adv. For the State : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is claiming bail in connection with Sessions Trial No. 168 of 2016 arising out of Barh P.S. Case No. 241 of 2015 registered for offence under Sections 341, 323, 364, 302, 201, 120(B) and 506 of the Indian Penal Code.

In the present case, three victims were lifted by certain persons named in the First Information Report including the petitioner and, thereafter, as per records of the case, the dead body of the victim was recovered. The body, in mutilated condition, was thrown on the road, indicated itself that he was badly tortured and, thereafter, killed.

Patna High Court Cr.Misc. No.52097 of 2016 (3) dt.25-01-2017 The case diary was called for, in paragraph nos. 5, 18, 20, 21, 35, 36, 38, 55, 83, 84, 97, 105, 121, 134, 139, 175, 176 and 188, the name of the petitioner has been specifically mentioned. Learned counsel for the petitioner has pressed two orders passed by this Court being order dated 22.10.2016 in Cr. Misc. No. 37036 of 2016 and order dated 25.7.2016 in Cr. Misc. No. 24199 of 2016. From the orders, it appears that aforesaid orders were passed subsequent to the order passed by this Court dated 20.5.2016 in Cr. Misc. No. 21265 of 2016, the same was not brought to the notice of the Court. The condition of the body speaks volumes which shows that the offence has been committed in a diabolic manner. This Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, namely, Chandan Kumar is rejected.

The court below is directed to expedite the trial and conclude the same on day-to-day basis.

Learned counsel for the petitioner has also pressed in service the statement of one of the victim recorded at paragraph no. 347 of the case diary has not named the name of the petitioner. This Court has already passed the order and such submission of the learned counsel for the petitioner has not

Patna High Court Cr.Misc. No.52097 of 2016 (3) dt.25-01-2017 brought any additional fact to indicate any situational change in the matter.

With the aforementioned observation, this application is dismissed.

(Shivaji Pandey, J) Rishi/- U T