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Patna High Court - Orders

Jubrail Ansari @ Juberial Ansari @ ... vs State Of Bihar on 4 March, 2010

Author: Rakesh Kumar

Bench: Rakesh Kumar

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Cr.Misc. No.5438 of 2010
             JUBRAIL ANSARI @ JUBERIAL ANSARI @ JIBRAEL ANSARI
             S/O LATE SARAFAT ANSARI, RESIDENT OF VILLAGE-KORRA
             POLICE STATION BANKA, DISTRICT BANKA.
                                   Versus
                               STATE OF BIHAR
                                -----------
2.   4.3.2010

. Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and learned counsel for the State.

The petitioner is in jail in Banka P.S. Case No.537 of 2008 registered under Sections 364, 302, 201 and 34 of the Indian Penal Code.

Learned counsel for the petitioner, while pressing bail petition, submits that name of petitioner in the occurrence has come on the basis of confessional statement of one of the co-accused. Learned counsel for the State, while opposing the prayer for bail, submits that it was a case of kidnapping and thereafter, the kidnapped person was murdered. The petitioner along with two accused persons were apprehended by the villager and before the villager, the accused persons confessed their involvement in the crime and on the disclosure made by one of the accused, dead body was recovered. Learned -2- counsel for the State further submits that trial is also continuing.

Since trial is going on and there is material on record indicating involvement of the petitioner, I am not inclined to grant bail to this petitioner. Prayer for bail is rejected. Since the petitioner is in jail, it is desirable to direct the trial court to conclude the trial expeditiously.

( Rakesh Kumar,J.) N.H./