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Patna High Court

Jay Prakash Ray @ Chhotaka @ Jay Prakash KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, subject to a bond and sureties, and conditioned on his cooperation with the trial.

Summary

The petitioner, Jay Prakash Ray, was accused under Sections 364 and 34 of the Indian Penal Code for the alleged murder of an informant's father, based largely on the informant's suspicion and a 'last seen' theory. The FIR was lodged six days after the alleged incident, and the trial has been pending for over two years despite earlier expectations of a six‑month conclusion. The petitioner contended that he was falsely implicated and highlighted the delay and lack of substantive evidence. The State opposed regular bail, but the High Court, noting the prolonged trial and the weak evidential basis, ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties and complying with trial court directives. The order conditions the petitioner to cooperate with the trial and appear on all scheduled dates until disposal.

Issues considered

  • Whether regular bail can be granted in a murder case under Sections 364 and 34 IPC when the trial has been delayed for over two years and the evidence is primarily based on suspicion.

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC 364
  • IPC 34
  • trial delay
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86597 of 2025
                      Arising Out of PS. Case No.-854 Year-2023 Thana- NAUBATPUR District- Patna
                 ======================================================
                 Jay Prakash Ray @ Chhotaka @ Jay Prakash Kumar S/o Mundrika Ray @
                 Munarik Ray R/o Village - Karanpura, P.S - Naubatpur, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Laliteshwar Prasad Sharma, Advocate
                 For the Opposite Party/s :       Mr.Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 364 and 34

                   of the Indian Penal Code.

                                3.    The case of the prosecution, in brief, is that on

                   02.12.2023 Chotka @ Jai Prakash Ray son of Munarik Ray

                   come to the house of the informant and stated that there was a

                   marriage of his brother-in-law and that certain articles were to

                   be purchased in connection therewith. On this pretext, the father

                   of the informant went with the petitioner, his wife and his

                   brother-in-law. On 12.12.2023, the petitioner and his wife

                   returned home but the father of the informant did not return.

                   When the informant asked regarding his father, the petitioner
Patna High Court CR. MISC. No.86597 of 2025(2) dt.13-01-2026
                                            2/3




          and his wife disclosed that he was not with them. The informant

          suspects that the petitioner along with others has killed his

          father.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in

          connection with the present case. It is further submitted from a

          bare perusal of the FIR, it is clear that the allegation is based

          merely on the suspicion of the informant and rests solely on the

          last seen theory. It is contended that the alleged occurrence took

          place on 12.12.2023 whereas the FIR was lodged on 18.12.2023

          and no explanation has been furnished by the informant for

          delay in lodging the FIR. It is further contended that earlier the

          bail petition of this petitioner was rejected with an observation

          that “ the petitioner is at liberty to renew his prayer for bail, if

          the trial is not concluded within the stipulated period”. The

          learned trial Court vide its report has stated that if both parties

          co-operate, the trial is likely to be concluded within six months.

          However, the said period of six month has already lapsed and

          the petitioner is languishing in judicial for the last two years.

                       5. Learned counsel for the petitioner has also placed

          on record the entire order sheet of the trial Court which goes to

          show that the trial has still not been concluded.
            Patna High Court CR. MISC. No.86597 of 2025(2) dt.13-01-2026
                                                        3/3




                                   6.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   7. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Naubatpur P.S. Case No. 854 of 2023 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Additional Sessions Judge – II, Danapur with the condition that

                      the petitioner shall co-operate in the trial and shall remain

                      present himself on each and every date fixed by the trial court

                      until the disposal of the case.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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