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 2 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.)