Vicky Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79023 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== VICKY KUMAR @ VIKASH KUMAR Son of Late Birendra Singh Resident of Village-Pipra, Police Station-G.B.Nagar, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amir Alam For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2020 Heard Mr. Ajay Kumar Thakur, the learned counsel for the petitioner, and the learned APP.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Siwan Muffasil (Mahadeva O.P.) P.S. case No. 152/2019 registered u/s 364A, 302, 201, 120B of the IPC.

The informant alleged that her son, Rahul Kumar, was missing and when her son did not return till 6 in the evening the informant made frantic search. During the course of search, the informant came to know that Vivky Kumar, the petitioner, took her son. The dead body of her son was recovered from a paddy field.

The learned counsel for the petitioner submits that petitioner was apprehended and he confessed his guilt in

Patna High Court CR. MISC. No.79023 of 2019(5) dt.10-07-2020 2/2 pursuance thereof the weapon used in the crime and blood stained clothes were also recovered. It is further submitted that the trial has commenced and out of 11 prosecution witnesses seven have already been examined. The last witness was examined in the month of February, 2020 and, therefore, direction be given so that trial may be concluded expeditiously. The learned APP, however, opposed the prayer for bail.

Taking into consideration the fact that petitioner appears to be main accused, who kidnapped the son of the informant and killed him and on confession of the petitioner the weapon used in the crime and blood stained clothes were recovered, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

The trial court is directed to hold the trial on day to day basis and conclude the same within six months from the date of receipt of the order after opening of the physical court. (Prabhat Kumar Jha, J) BKS/- U T