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Kanhaiya Kunwar @ Chandramani Kunwar & ... vs The State Of Bihar on 18 October, 2016

Bench: Samarendra Pratap Singh, Aditya Kumar Trivedi

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Appeal (DB) No.826 of 2012
                 ======================================================
                 1. Kanhaiya Kunwar @ Chandramani Kunwar S/O Sri Nanhe Kunwar @
                 Nilmani Kunwar R/O Village - Lakhni Bigha, Mahesh Patti, P.S. Ujiarpur,
                 District - Samastipur
                 2. Md. Rizvi @ Bhaijan S/O Md. Raji Ahmad R/O Village - Lakhni Bigha,
                 Mahesh Patti, P.S. Ujiarpur, District - Samastipur
                                                                      .... .... Appellant/s
                                                    Versus
                 1. The State Of Bihar
                                                                     .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :   Mr. Kripa Nath Yadav, Advocate
                 For the Respondent/s     : Mr. D.K.Sinha (APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
                 SINGH
                             and
                             HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI
                 ORAL ORDER
                 (Per: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
                 SINGH)

7   18-10-2016

Interlocutory Application No. 1924/2016 has been filed on behalf of appellant, Md. Rizvi @ Bhaijan for grant of bail.

Prayer for bail of the appellant was considered earlier on two occasions and was rejected with a direction to the office to prepare the paper book of the appeal.

Learned counsel for the appellant has renewed his prayer for bail as the appellant has remained under custody for almost seven years. Learned counsel further submits that it appears from the prosecution case that it is not a case of kidnapping.

Having regard to the facts and circumstances of the Patna High Court CR. APP (DB) No.826 of 2012 (7) dt.18-10-2016 2 case and considering that the application for bail of the appellant was rejected on two occasions, we are not inclined to release the appellant on bail. The prayer for bail is, accordingly, rejected.

As such, Interlocutory Application No. 1924/2016 stands rejected.

Since the appellant would be completing seven years of his custody in November 2016, we direct the office to list this case under the heading 'for hearing' on 28th day of November 2016 within top five cases (Samarendra Pratap Singh, J) (Aditya Kumar Trivedi, J) perwez U T