IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.731 of 2009
DILIP KUMAR @ DILIP BHARTI
Versus
STATE OF BIHAR
-----------
5. 26.11.2010 I.A. No. 1261 of 2010
Heard counsel for the appellant and counsel for
the State.
Appellant Dilip Kumar alias Dilip Bharti is one of
the convicts. He was convicted by the trial court under Section
302 of the Indian penal Code and Section 27 of the Arms Act in
his absence considering the evidence of P.Ws. 3 and 4 who are
independent witnesses. These witnesses had seen the accused
persons going in the company of the deceased and coming after
20 minutes without the deceased. P.W. 5 has been examined on
the point of motive which is essential for conviction in the case
of circumstantial evidence. Considering all these facts and also
the fact that the appellant has remained in custody only for
twenty four months, we do not feel inclined to grant bail to him.
This interlocutory application is rejected.
( Mridula Mishra, J.)
( Dharnidhar Jha, J.)
Kanth