Rajesh Singh @ Vishwanath … vs The State Of Bihar on 21 July, 2011

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Cr.Misc. No.12733 of 2011
           Rajesh Singh @ Vishwanath Srivastav, S/O-Chandramani Singh @ Ram Dulare
                                                 Versus
                                         The State Of Bihar
                                               -----------

03 21.07.2011 Heard learned counsel for the petitioner as well as

learned Additional Public Prosecutor for the State.

Petitioner is an accused in a case registered under

Section 364 A of the Indian Penal Code.

Although, petitioner is not named in the first

information report but in course of investigation petitioner was

arrested by the police while he was accepting ransom amount from the

informant.

Learned counsel for the petitioner submits that no

seizure list of the aforesaid ransom amount has been prepared in this

case and except the confessional statement of co-accused Mohit

Tiwari @ Mohit Kumar Tiwari, there is nothing against the petitioner

and the aforesaid co-accused Mohit Tiwari @ Mohit Kumar Tiwari

has already been granted privilege of bail by another Bench of this

Court vide order dated 24.05.2011 passed in Cr. Misc. No. 8053 of

2011.

Learned counsel for the petitioner further submits that

though charge has already been framed against the petitioner but up-

till-now not a single prosecution witness has been examined whereas

petitioner is languishing in jail custody since 06.02.2009.

On the other hand, learned Additional Public Prosecutor

vehemently opposed the prayer submitting that it is a serious case of
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kidnapping in which the kidnapped victim was subsequently killed by

his kidnappers. It is also pointed out by her that petitioner was caught

by the police accepting the ransom amount and subsequently, co-

accused Mohit Tiwari was arrested and confessed his guilt and on the

basis of his confessional statement dead body of the victim of this case

as well as dead body of victim of another case were recovered.

Considering the aforesaid facts and circumstances as

well as submissions of the parties, I am not inclined to release the

petitioner on bail. Accordingly, his prayer for bail in connection with

Sessions Trial No. 547 of 2010 arising out of Patliputra P.S. Case No.

26 of 2009 pending in the court of Additional Sessions Judge-VI,

Patna, stands rejected.

However, learned trial court is directed to expedite the

trial of the petitioner and dispose of the same as early as possible.

SHAHZAD                             ( Hemant Kumar Srivastava, J.)