Patna High CourtCR. MISC./51051/2017dismissed

Jyoti Rai @ Jyoti Kumar v. The State Of Bihar

2017-11-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51051 of 2017 Arising Out of PS.Case No. -126 Year- 2017 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Jyoti Rai @ Jyoti Kumar, S/o Rajendra Rai, R/o Mohalla-Umesh Cinema Road, P.S.-Hajipur Sadar, District-Vaishali .... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Rina Sinha For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Hajipur Sadar P.S.Case No. 126 of 2017 registered for the offences punishable under Sections 386, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation as per FIR is that accused persons, including the petitioner came along with various arms and demanded extortion from the informant and they have made firing also and it appears that petitioner is accused in four other cases. Submission of learned counsel for the petitioner is that whole allegation is false and concocted and he has been made accused only because of his criminal antecedents and he is in custody for five months.

Patna High Court Cr.Misc. No.51051 of 2017 (2) dt.21-11-2017 2/2 Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.

However, since petitioner is in custody for five months, learned trial court is directed to expedite the trial of the petitioner and try to conclude it within a period of six months. If trial is not concluded within the said period and there is no fault of petitioner, the trial court shall release the petitioner on bail to its own satisfaction.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U