Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24759 of 2018 Arising Out of PS. Case No.-291 Year-2009 Thana- SIKANDARA District- Jamui ====================================================== Prakash Yadav S/o Balchand Yadav @ Balchand Jadav, R/o Vill.- Dharmpur, P.S.- Chandradeep, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 03-08-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with S.T.No. 87A of 2014 arising out of Sikandra (Chandradeep) P.S.Case No. 291 of 2009 registered under Section 364A of the Indian penal Code.

Allegation in brief is that informant's brother was kidnapped for ransom and murdered by miscreants as ransom demand was not fulfilled.

Submission is that FIR is against unknown and there is no material against the petitioner showing his involvemen t in the present offence and this petitioner was in custody in another case even thereafter he was declared absconder and one of the co-accused Guddu Yadav, after trial in the split up case, has been acquitted and another co-accused Uday Sao has been granted

Patna High Court Cr.Misc. No.24759 of 2018(4) dt.03-08-2018 2/2 bail by a co-ordinate Bench of this court vide Cr. Misc. No. Whereas learned counsel appearing on behalf of the State, referring paras of the case diary, submits that witnesses saw this petitioner taking away the victim in the forest area and thereafter dead body was found. Moreover, charge sheet was submitted in the year 2014 showing him absconder and he was remanded in this case only on 04.04.2017.

Considering the nature of offence against the petitioner and being absconder, the Court is not inclined to grant bail to the petitioner, accordingly, prayer of bail is rejected. However, trial court is directed to expedite the trial and conclude the same preferably within a year. The petitioner, if so advised, may renew prayer of bail thereafter.

(Arun Kumar, J) sujit/- U T