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Patna High CourtCR. MISC./14653/2021dismissed

Anil Choudhary v. The State Of Bihar

2021-09-09Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.14653 of 2021 Arising Out of PS. Case No.-192 Year-2020 Thana- NARDIGANJ District- Nawada ====================================================== Anil Choudhary S/O Duli Choudhary R/O Village Bador, P.S. Nardiganj, District Nawadah ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Prasad,Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman,APP For the Informant :

Mr.Birendra Kumar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-09-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Syed Mojibur Rahman, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Nardiganj P.S. Case No. 192 of 2020 registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code. He is in custody since 28.08.2020. As per the prosecution story, the son of the informant was returning to his village where he was assaulted by the FIR named accused persons by sword, iron rod and lathi-danda. The co-accused Mithilesh Chaudhary and Gorelal Chaudhary are said to have assaulted by sword whereas this petitioner and other accused assaulted him by pasuli.

Learned counsel for the petitioner submits that there is no

Patna High Court CR. MISC. No.14653 of 2021(3) dt.09-09-2021 2/2 specific allegation against the petitioner and he has been falsely implicated in this case on the basis of general and sweeping kind of allegations.

Learned counsel for the informant submits that in this case the trial is at the fag end and now only I.O. has remained to be examined.

Learned APP for the State has endorsed the submissions of learned counsel for the informant.

Considering the facts and circumstances of the case wherein now the trial is going to be concluded and the materials which have come in course of trial are not before this Court, this Court is not inclined to release the petitioner at this stage. The prayer for regular bail of the petitioner is, thus, refused. The learned trial court is expected to conclude the trial as early as possible preferably within a period of four months from the date of communication of this order. The learned trial court shall keep the matter on shorter date.

If the trial still remains unconcluded for no reason attributable to the petitioner, he may renew his prayer for bail. The application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.