Patna High CourtCR. MISC./6210/2018rejected

Prince Kumar @ Nepali v. The State Of Bihar

2018-03-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6210 of 2018 Arising Out of PS.Case No. -296 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Prince Kumar @ Nepali, Son of Late Kamal Singh, Resident of VillageJhutpati, P.S.+ District-Toai Nepal. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rana Sanjay Kumar Singh For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-03-2018 Heard both sides.

The petitioner seeks bail in Jehanabad P.S. Case No.296/2016, arising out of Tr. No.76/2017 registered under Sections 302, 301,120(B), 467, 468, 471 of the Indian Penal Code and Section 66 of the I.T. Act.

The prayer for bail of the petitioner was earlier rejected vide order dated 22.06.2017 passed in Cr. Misc. No.19658 of 2017.

Learned counsel for the petitioner submits that coaccused namely Manish Kumar and Hare Ram Yadav have already been enlarged on bail vide order dated 22.03.2017 and 15.05.2017 respectively. The case of the petitioner stands on same footing. Save and except, the confessional statement of Raja

Patna High Court Cr.Misc. No.6210 of 2018 (2) dt.21-03-2018 2/2 Kumar Goswami, there is no material against the petitioner but it appears that it was the petitioner, who hatched conspiracy along with Raja Kumar Goswami and Sangal Swami and snatched money and A.T.M. from the possession of the deceased Mantu Kumar. They called the deceased and confined him in a room after giving him intoxicant but on account of heavy dose of intoxicant, Mantu Kumar died and thereafter the petitioner burnt the dead body. Raja Ram Goswami made his inculpatry confessional statement before the court under Section 164 of the Cr.P.C. and same is admissible in evidence.

Considering the aforesaid facts and the nature of brutal murder of Mantu Kumar, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The Trial Court is directed to expedite the trial and conclude the same within a period of nine months from the date of receipt/production of a copy of this order.

(Prabhat Kumar Jha, J) Amit/- U T