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Patna High CourtCR. MISC./75816/2019bail rejected

Kartik Rai v. The State Of Bihar

2020-10-12Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75816 of 2019 Arising Out of PS. Case No.-228 Year-2015 Thana- MOKAMAH District- Patna ====================================================== Kartik Rai, (Male, aged about 29 years), the eolder son of Indra Deo Ray @ Ino Rai Resident of Village - Naya Tola, Mekra,k P.S.- Mokama, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sidhendra Narayan Singh For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-10-2020 Heard Mr. Sidhendra Narayan Singh, learned counsel for the petitioner and Mr. M.K. Nirala, learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Mokama P.S. Case No. 228 of 2015 registered for offences under sections 364, 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

Initially a complaint case bearing Complaint Case No. 878 of 2015 was instituted which was sent for institution of the First Information Report.

The prosecution case, in short, is that the petitioner and other accused persons came to the house of the Informant and took away the victim and, after some time, gun-shot firing was heard, whereafter, the body of Mukesh Rai has been

Patna High Court CR. MISC. No.75816 of 2019(9) dt.12-10-2020 2/2 recovered.

Suspicion has been raised that the accused persons have killed Mukesh Rai and thrown the body in the river Ganga. Learned counsel for the petitioner submits that other co-accused persons have been granted bail. This Court has called for the report from the court below and learned Additional Chief Judicial Magistrate-IV, Barh has reported that the case has been committed to the court of Sessions.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court of Sessions to conclude the trial expeditiously preferably within a period of nine months from the date of normalcy of the court proceedings.

(Shivaji Pandey, J) rishi/- U T