Raja Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37880 of 2016 Arising Out of PS.Case No. -572 Year- 2013 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Raja Kumar @ Raja Son of Ramprit Chaudhary resident of village - Narainapur, P.S. Bagaha, District West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 572 of 2013 registered for the offences punishable under Sections 364A and 302 of the Indian Penal Code. Allegedly, the son of the informant had gone to attend the party of his friend and thereafter he did not return. His mobile was found switched off but on 30.08.2013 another person talked on his mobile and demanded ransom of Rs. 3,00,000/- and further from A.T.M. Bagaha cash Rs. 2,000/- and again of Rs. 5,000/- were withdrawn. During investigation the name of the petitioner transpired and on the basis of his confessional statement knife

Patna High Court Cr.Misc. No.37880 of 2016 (3) dt.13-02-2017 2/2 used in the crime was also recovered.

Submission is of false implication and that in this case coaccused Praomd Chuadhary has been allowed bail vide Criminal Miscellaneous No. 9492 of 2014 by another coordinate Bench of this Court and as such, the petitioner also deserves sympathetic consideration. It is further submitted that the knife recovered was not sent for examination and the petitioner is suffering in custody since 16.09.2013.

The learned A.P.P. opposes the prayer of bail by submitting that on the basis of the confessional statement of the petitioner knife used in the crime was recovered and further the trial is likely to be concluded very soon as 13 prosecution witnesses have already been examined.

In the facts and circumstances stated above, considering the alleged recovery and further that the trial is likely to be concluded very soon and as such, at this stage, I am not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected. Let the trial be expedited and concluded as early as possible, preferably within four months from the date of receipt/production of a copy of this order.

(Jitendra Mohan Sharma, J) Vats/- U T