Alok Kumar @ Chocha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48163 of 2022 Arising Out of PS. Case No.-309 Year-2019 Thana- DELHA District- Gaya ====================================================== ALOK KUMAR @ CHOCHA Son of Arun Singh @ Arun Kumar Singh Resident of Mohalla- Kalpu Nagar, Janakpur, P.S.- Muffasil, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 364 and 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with others co-accused persons had abducted the informant's friend namely, Jasu Arya on the point of gun. After raising objection by the informant, he was also threatened by them. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He

Patna High Court CR. MISC. No.48163 of 2022(4) dt.29-03-2023 2/3 submitted that the statement of the victim recorded u/s 164 of the Cr.P.C., is by way of pressure of the police. He further submitted that there is no purpose for abduction. Petitioner is accused in twenty more cases, out of which except one, he has already been granted bail as stated in para-3 of the bail application. Petitioner is in custody since 15.04.2021. The application for bail is opposed by learned APP for the State and submitted that petitioner along with others accused is named in the FIR. The victim has recovered and stated in his statement recorded u/s 164 of the Cr.P.C., that this petitioner taken away him by showing pistol and threatening to kill him. At the time of occurrence, the informant namely, Deepak Kumar was also present, thereafter the petitioner assaulted to the victim, snatched Rs. 20,000/- and a gold chain from the neck. He further submitted that from the perusal of the case diary, it transpires that all the witnesses have supported the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude

Patna High Court CR. MISC. No.48163 of 2022(4) dt.29-03-2023 3/3 the trial as soon as possible.

(Sunil Kumar Panwar, J) Arish/- U T