Patna High CourtCR. MISC./40534/2017dismissed

Dhiraj Kumar v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.40534 of 2017 (3) dt.11-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40534 of 2017 Arising Out of PS.Case No. -82 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================

1. Dhiraj Kumar Son of Sitaram Mahto, Resident of Village- Mathokhar, P.S. and District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioner seeks regular bail in connection with Ariyari P.S. Case No. 82 of 2015, registered for offences punishable under Sections 302 and 201 of Indian Penal Code. Allegation against the petitioner that he along with other co-accused persons killed the son of the informant. It has been submitted on behalf of the petitioner that he has not been named in the F.I.R. his name transpired in this case during the course of investigation that too on the basis of confession of co-accused of this case and on the basis of CDR details and except that there is nothing against the petitioner. Petitioner has been in judicial custody since 10.01.2017. Learned counsel for the State opposed the prayer for bail and submitted that apart from the confession, CDR details of the

Patna High Court Cr.Misc. No.40534 of 2017 (3) dt.11-09-2017 petitioner shows that he was around the place of occurrence at the time of alleged occurrence.

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

However, the petitioner may renew his prayer for bail after framing of charge in this case in the court below itself. (Vinod Kumar Sinha, J) sunil/- U @