Jyoti Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12217 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- KARAHGAR District- Rohtas ====================================================== Jyoti Prakash Kumar Son of Jawahir Choudhary @ Jwahar Choudhary R/vRampur Naresh, P.S.- Kargahar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 12.03.2022 in connection with Sessions Trial No. 299 of 2022 arising out of Kargahar P.S. Case No. 76 of 2022, F.I.R. dated 05.03.2022 registered for the offences punishable under Section 302 of the Indian Penal Code and Sections 25(1-b) 1/26/27 of the Arms Act.

The prosecution case, in brief, is that the informant received information through mobile that his sister namely Soni Devi shot to death by brother-in-law namely Jyoti Prakash Kumar and when he came there he saw that his sister killed by gunshot injury on head and his brother-in-law was lying unconscious. It is further alleged that one country made pistol

Patna High Court CR. MISC. No.12217 of 2023(4) dt.19-07-2023 2/3 and one live cartridge has been recovered from the possession of the accused petitioner.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabircated and the petitioner has not committed any offence as alleged in the F.I.R. Learned APP for the State, on the other hand, on the basis of material available on record and case diary, has vehemently opposed the prayer for bail of the petitioner, and submits that there is direct and specific allegation against the petitioner.

Vide order dated 19.06.2023, a report was called for with regard to the stage of the trial. Report dated 24.06.2023 of the learned Trial court reveals that out of five chargesheeted witnesses, four witnesses have already been examined and only one witness i.e. Investigating Officer is yet to be examined in the present case.

In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sessions Trial No. 299 of 2022 arising out of Kargahar P.S. Case No. 76 of 2022 pending in the Court of learned Additional

Patna High Court CR. MISC. No.12217 of 2023(4) dt.19-07-2023 3/3 District & Sessions Judge 8th, Rohtas at Sasaram. Prayer is refused.

However, the learned Trial court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Ibrar//- U T