Patna High CourtCR. MISC./63579/2019bail rejected

Dharmendra Kumar v. The State Of Bihar

2019-11-28Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63579 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- PARSA District- Saran ====================================================== DHARMENDRA KUMAR Son of Bisheshwar Prasad Yadav @ Bisheshwar Ray Resident of Village - Fatehpur Anjani, P.S.- Parsa, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 25.05.2019 in connection with Parsa P.S. Case No. 161 of 2019 for the offence registered under Section 302 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that there is no specific allegation against the present petitioner. It is further submitted co-accused persons have been granted bail by this Court vide order dated 20.11.2019 & 26.11.2019 passed in Cr. Misc. Nos. 62778 of 2019 & 63319 of 2019. It is further submitted that role of the petitioner has not been specified in the first information report and, therefore, the petitioner may be extended the privilege of bail.

Patna High Court CR. MISC. No.63579 of 2019(4) dt.28-11-2019 2/2 Diary of the present case was called for which has since been received.

Learned counsel for the State, after perusal of the case diary, submits that there is positive evidence against the petitioner of having taken away the deceased and, subsequently thereafter, the dead body of the son of the informant was recovered.

Considering the aforesaid facts and circumstances of the case and there being cogent material in the case diary, I am not inclined to grant regular bail to the petitioner. It is, accordingly, rejected.

Let the trial of the case be expedited and concluded within a period of one year.

(Anjana Mishra, J) Jagdish/- U T