Lalua @ Lalo Rai @ Ashutosh Kumar @ Lalo @ Lalu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1623 of 2024 Arising Out of PS. Case No.-127 Year-2016 Thana- BACHHWARA District- Begusarai ====================================================== Lalua @ Lalo Rai @ Ashutosh Kumar @ Lalo @ Lalu Rai S/o Nand Kumar Ray @ Mohan Rai R/o- Village Musepur, P.S.- Garhpur, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agarwal, Senior Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bachhwara P.S. Case No.127 of 2016 registered for the offence under Sections 364, 302, 204, 120B, 406/34 of the Indian Penal Code.

3.

Allegation against the petitioner is to have committed murder after kidnapping the son of the informant him.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR. It is submitted that similarly situated co-accused persons have already been granted bail by different co-ordinate

Patna High Court CR. MISC. No.1623 of 2024(3) dt.08-04-2024 2/2 Bench of this Court. It is submitted that no allegation as regard to overt act has been levelled against this petitioner. It is further submitted that petitioner is in custody since 22.08.2016. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

In view of the submissions, as made above, as it appears from letter bearing letter No.40 dated 30.01.2024 that 06 months more time is required to conclude the trial of this case, this Court is not inclined to grant bail to the petitioner. 7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned trial court is directed to conclude the trial of this case by 30.06.2024 and if the trial could not be concluded by 30.06.2024, the petitioner would be at liberty to renew the prayer for bail of the petitioner before learned trial court itself and the learned trial shall grant the bail to the petitioner.

9.

That petitioner is also directed to co-operate in trial of this case.

(Ramesh Chand Malviya, J) S.Katyayan/- U T