Ajay Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11826 of 2019 Arising Out of PS. Case No.-311 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Ajay Kumar @ Raja Son of Lalit Kumar Singh @ Lakhan Jee Resident of Village-Anaith, Police Station-Ara Nawada, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Govind Mishra For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Jagdishpur P.S. case No.311 of 2018 registered under Section 396 of the I.P.C. and Section 27 of the Arms Act, pending in the court of Chief Judicial Magistrate XI, Bhojpur at Ara.

Allegation is that two unknown persons looted Rs.2,07,000/- from the cousin of the informant on the point of pistol and fired on him, due to which he died. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.08.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner has

Patna High Court CR. MISC. No.11826 of 2019(3) dt.12-04-2019 2/3 not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. The petitioner is not named in the F.I.R. His name has come in course of investigation.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. It is further submitted that while committing dacoity the person, who was carrying Rs.2,07,000/- has been murdered. From perusal of para 59 of the case diary it is evident that the petitioner is said to have actively participated in the alleged occurrence, which is evident from C.C.T.V. footage recorded in course of occurrence. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. The District Magistrate, Bhojpur at Ara and the Superintendent of Police, Bhojpur at Ara are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Patna High Court CR. MISC. No.11826 of 2019(3) dt.12-04-2019 3/3 Let this order be communicated to the District Magistrate, Bhojpur at Ara and the Superintendent of Police, Bhojpur at Ara.

(Sudhir Singh, J) Narendra/- U T