In a bail application challenging custody in a murder and cheating case, the Patna High Court refused bail, noting the petitioner confessed to the crime but was not named in the initial FIR.
Application for bail rejected; trial to conclude within nine months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19013 of 2019
Arising Out of PS. Case No.-625 Year-2017 Thana- KISHANGANJ District- Kishanganj
======================================================
Ranjeet Paswan Son of- Late Ramdev Paswan Resident of- KHaribasti, Paswan Toli
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar For the Opposite Party/s : Mr.Ram Bilash Roy Raman ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
4 08-08-2019
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered under Sections 363, 365, 302, 201, 379, 411/34 of the Indian Penal Code.
The prosecution case, in brief, is that the deceased had gone to collect money and last talk was held on his mobile at 1.30 in the afternoon. Thereafter, his mobile was switched off.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 25-11-2017. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no eye witness to the
Patna High Court CR. MISC. No.19013 of 2019(4) dt.08-08-2019 2/2
alleged occurrence.
On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R. The name of the petitioner has surfaced in this case in course of investigation on the confession of the petitioner. The printer metre of the deceased is said to have been recovered from house of the petitioner. The motorcycle of the deceased was recovered near Akira Bibi Pond.
Considering the facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Kishanganj P.S. Case No. 625 of 2017 is rejected.
The trial court is directed to take all possible steps to expedite the trial and conclude the same, preferably within a period of nine months from the date of receipt/production of copy of this order.
(Sudhir Singh, J)
A.K.V.//-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving murder and cheating charges.
Ranjeet Paswan
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
