Patna High Court - Orders
Brajesh Singh @ Brajesh Kumar Singh vs The State Of Bihar on 13 May, 2019
Author: Rakesh Kumar
Bench: Rakesh Kumar, Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.851 of 2016
Arising Out of PS. Case No.-182 Year-1988 Thana- MADHEPURA District- Madhepura
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Brajesh Singh @ Brajesh Kumar Singh, Son of Late Nageshwar Prasad
Singh, Resident of Village- Bishanpur, P.S.- Saurbazar, District- Saharsa.
... ... Appellant
Versus
The State of Bihar
... ... Respondent
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Appearance :
For the Appellant/s : Mr.Birendra Kumar Singh, Adv.
For the Respondent/s : Mr. Shivesh Chandra Mishram A.P.P.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
and
HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAKESH KUMAR)
9 13-05-2019I.A. No. 1624 of 2018 Heard Sri Birendra Kumar Singh, learned counsel for the appellant and Sri Shivesh Chandra Mishra, learned Addl. Public Prosecutor on interlocutory application i.e. I.A. No. 1624 of 2018 filed under Section 389(1) of the Code of Criminal Procedure for granting bail and suspending sentence during pendency of the appeal.
Learned counsel for the appellant has argued that the case is based on circumstantial evidence. He submits that the dead body was not specifically identified, since the dead body was found in complete decomposed condition and in absence of any ocular witness, the appellant has been held guilty for Patna High Court CR. APP (DB) No.851 of 2016(9) dt.13-05-2019 2/2 offence under Sections 364(A)/34, 302/34 and 201/34 of the Indian Penal Code.
Learned Addl. Public Prosecutor submits that the appellant was convicted long back on 21st June, 2016 on an accusation relating to kidnapping for ransom and, thereafter, murdering the kidnapped person and disappearing of the dead body. Though, the appeal was admitted in the year 2016, the present interlocutory application has been filed for grant of bail in the year, 2018.
Besides hearing, we have also examined the material on record and after going through the same, we do not find any ground for passing favourable order.
The interlocutory application i.e. I.A. No. 1624 of 2018 stands dismissed.
(Rakesh Kumar, J.)
( Anil Kumar Sinha, J.)
nawalkrs/Mohan
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