The Patna High Court rejected the petitioner's prayer for bail in a murder case. The court held no good ground existed for reconsideration despite the petitioner's claim of not being the assailant, noting the recovery of the vehicle from his possession.
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Patna High Court Cr.Misc. No.28619 of 2016 (3) dt.10-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28619 of 2016
Arising Out of PS.Case No. -142 Year- 2015 Thana -BARHARA District- BHOJPUR
====================================================== 1. Himanshu Verma S/o Mahendra Prasad Verma Resident of Chaudhary Rai Patti, Gahamar, P.S.- Gahamar, District Gajipur (U.P.) .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 10-08-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner wants to renew his prayer for bail, which was earlier rejected vide order dated 01.12.2015 passed in Cr. Misc. No. 42809 of 2015, on the ground that the petitioner is in custody since 09.07.2015 and as per confessional statement of coaccused Nityanand Singh, the petitioner is not the assailant rather he has purchased the Scorpio of the deceased only to which learned APP opposes by submitting that Scorpio of the deceased was recovered from possession of the petitioner and the petitioner has stated that he and his associates after killing the driver brought the vehicle.
In the facts and circumstances stated above, at present, finding no good ground for reconsideration of prayer for bail of
Patna High Court Cr.Misc. No.28619 of 2016 (3) dt.10-08-2016
the petitioner in connection with Barhara P.S. Case No. 142 of 2015 pending in the court of learned Additional Chief Judicial Magistrate, Bhojpur at Arrah, again his prayer for bail stands rejected.
rejected.
However, let the trial be expedited and concluded as early as possible, preferably within six months after taking the same on priority basis from the date of receipt/production of a copy of this order, failing which the petitioner, if at no fault, may be at liberty to renew his prayer for bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the prayer for bail should be reconsidered in light of the petitioner's contention that he did not assault but purchased the vehicle used in the crime.
Himanshu Verma
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
