Durgesh Chand @ Durgesh Chandra Kushwaha @ Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74172 of 2019 Arising Out of PS. Case No.-306 Year-2014 Thana- JAMUI District- Jamui ====================================================== DURGESH CHAND @ DURGESH CHANDRA KUSHWAHA @ AZAD, aged about 35 years (Male), Son of Hareram Kushwaha, Resident of Kamdhenwa, P.S.-Rampurkarkhana, District-Deoria (U.P.) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Parasar, Adv.
For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-09-2020 Heard learned counsel for the petitioner and learned APP for the State through Virtual Court proceeding. In this case, the petitioner is seeking anticipatory bail in connection with Jamui P.S. Case No.306 of 2014, registered for the offence under Sections 302 and 201 of the Indian Penal Code.
An unknown dead-body was found, led to institution of criminal case. It transpired during investigation that the deceased had gone to attend a Barat and in return he was killed by the miscreants. During investigation, the name of the petitioner has come out.
Learned counsel for the petitioner submits that the Court below has rejected the prayer for bail only on the ground
Patna High Court CR. MISC. No.74172 of 2019(4) dt.02-09-2020 2/2 of delay of six years. However, the material that has been collected during investigation requires custodial interrogation by the Police to find out as to whether the petitioner was also involved in the commission of crime or not.
In such view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within six weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court.
(Shivaji Pandey, J) pawan/- U T