Ajay Poddar @ Basia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14554 of 2016 Arising Out of PS.Case No. -626 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Ajay Poddar @ Basia son of Dinesh Poddar resident of Village- Herpur, Police Station- Refiendary Barauni, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under section 364 (A)/34 of the I.P.C Allegedly, Raju Kumar @ Akshay Kumar and Rupesh Kumar were kidnapped and from the father of Raju Kumar ransom of Rs. 2,00,000/- was demanded. However, the police during investigation recovered the two victims and arrested the coaccused. The victims in their statement recorded under sections 161 and 164 of the Cr.P.C. have stated the name of the petitioner also.

Submission is of false implication and that the petitioner has been made victim of the circumstances, he was not

Patna High Court Cr.Misc. No.14554 of 2016 (4) dt.23-05-2016 2/2 caught with the victims, he has not been put on the test identification parade and is suffering in custody since 13.01.2016, to which the learned A.P.P. opposes by submitting that the two victims in their statement before the police, vide paragraphs 10 and 11 of the case diary and under section 164 of the Cr.P.C. vide paragraph-61 of the case diary, have stated the name of the petitioner and further the petitioner has got criminal antecedent. In the facts and circumstances as stated above, at present I am not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Khagaria P.S. Case No. 626 of 2015 pending in the court of C.J.M. Khagaria.

However, let the trial be expedited and concluded as early as possible preferably within a period of nine months from the date of receipt/production of a copy of this order. (Jitendra Mohan Sharma, J) Abhay/- U T