Jay Prakash Ray @ Chhotaka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72435 of 2024 Arising Out of PS. Case No.-854 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Jay Prakash Ray @ Chhotaka S/o Mundrika Ray @ Munarik Ray R/o vill - Karanpura, P.S. - Naubatpur, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Laliteshwar Prasad Sharma For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with other co-accused persons are said to have kidnapped the father of the informant with the intention to kill him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that, in the entire case diary, there is no specific overt act against the petitioner. He submits that there is no eye witness of the occurrence and due to suspicion, petitioner has been made
Patna High Court CR. MISC. No.72435 of 2024(5) dt.10-02-2025 2/2 accused in this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application and he is languishing in judicial custody since 12.02.2024.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.
6. In pursuance to the order dated 10.01.2025, status report of trial in connection with Sessions Trial No. 871 of 2024 arising out of Naubatpur P.S. Case No. 854 of 2023 has been received and kept at Flag-A, in which it is reported that now the case is fixed for evidence of I.O. and on another witness Jainath Yadav, on 01.02.2025 and if both the parties co-operated in trial, the case is likely to be concluded within six months.
7. Considering the facts and circumstances of the case, in am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection with Sessions Trial No. 871 of 2024 arising out of Naubatpur P.S. Case No. 854 of 2023.
8. However, petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the stipulated period. (Anjani Kumar Sharan, J) devendra/- U T