Patna High CourtCR. MISC./21131/2023rejected

Jay Jay Ram Thakur @Jay Ram Thakur v. The State Of Bihar

2023-08-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21131 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- KAMTAUL District- Darbhanga ====================================================== JAY JAY RAM THAKUR @JAY RAM THAKUR SON OF TEJ NARAYAN THAKUR RESIDENT OF VILLAGE -BRAHAMPUR, PS- KAMTAUL, DISTRICT -DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 30.11.2022, in connection with Kamtaul P.S. Case No. 259 of 2022, F.I.R. dated 30.10.2022 registered for the offences punishable under Sections 394/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that two persons including the petitioner looted two mobiles phones and cash of Rs 1,07,000/- from the informant and Rs. 23,000/- was also got transferred forcibly from the account of informant's mother through digital mode.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that nothing has been recovered

Patna High Court CR. MISC. No.21131 of 2023(4) dt.21-08-2023 2/2 from the conscious possession of the petitioner and the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Vide order dated 12.07.2023 a report was called for with regard to the stage of the trial. Report dated 04.08.2023 of the learned Trial Court reveals that out of five chargesheeted witnesses, four witnesses have already been examined and rest one witness has partly been examined on 25.07.2023.

6. Considering the aforesaid facts and circumstances of the case and in view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Kamtaul P.S. Case No. 259 of 2022 pending in the Court of learned Judicial Magistrate, 1st Class, Darbhanga.

7. Prayer is refused.

8. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Ibrar//- U