High Court at Patna dismissed the petitioner's bail application in a kidnapping case. The court noted a prior merit-based rejection, significant delay in the FIR, and that the trial was almost complete despite the investigating officer being retired.
Prayer for bail rejected; trial directed to conclude expeditiously.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63709 of 2023
Arising Out of PS. Case No.-30 Year-2021 Thana- BOCHAHAN District- Muzaffarpur
======================================================
VIKASH KUMAR SON OF SANJAY KUMAR RAI @ SANJAY PRASAD YADAV @ SANJAY RAI RESIDENT OF VILLAGE- NAWALPUR MUSHARI, P.O. AND P.S.- KATHAIYA, DISTRICT- MUZAFFARPUR
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Santosh Kumar, Adv. For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
4 03-11-2023
Patna High Court CR. MISC. No.63709 of 2023(4) dt.03-11-2023 2/3
informant had seen that some persons came with Scorpio and kidnapped his daughter and fled away towards Muzaffarpur but the informant did not register the FIR immediately. The occurrence took place on 31.01.2021 but the FIR was lodged on 06.02.2021 after six days delay without showing any reason for delay in lodging the FIR. The informant has only suspicion that his daughter is with the petitioner. He further submits that bail prayer of the petitioner has been rejected on merit by this court vide Cr. Misc. No. 42027 of 2021 on 13.10.2022 with direction to expedite the trial as early as possible. He further submits that on three consecutive occasions, the case is put up for the examination of I.O. but the I.O. has not turned up before the court despite being necessary direction and due to nonexamination of I.O., trial is pending.
Patna High Court CR. MISC. No.63709 of 2023(4) dt.03-11-2023 3/3
witnesses have already been examined and the case is pending for the examination of I.O. The aforesaid report further reveals that concerned I.O. has already been retired from service and next date was fixed on 19.10.2023 for prosecution evidence. The trial court has sought two months time to conclude the trial.
(Alok Kumar Pandey, J)
shahzad/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a kidnapping case where a prior bail application was rejected on merit and the trial is nearing conclusion.
1 provisions across 1 enactments
Vikash Kumar
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
