Patna High CourtCR. MISC./9550/2024dismissed

Shambhu Choudhary v. The State Of Bihar

2024-02-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9550 of 2024 Arising Out of PS. Case No.-71 Year-2020 Thana- SARE District- Nalanda ====================================================== SHAMBHU CHOUDHARY S/O- LATE DEENA CHOUDHARY R/O- VILLAGE- GILANI, P.S.-SARE, DIST.- NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s:

Mr. Binit Kumar Mr. Sonu Kumar Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sare P.S. Case No. 71 of 2020 registered for the offence under Sections 341, 504, 308, 354, 34, 302 of the Indian Penal Code.

3. As per the prosecution case, for a trivial dispute, the parties started fighting on the road in which the petitioner is said to have assaulted the victim who sustained head injury and the deceased died after two days.

4. Learned counsel for the petitioner submits that the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case.

5. It is also submitted by the learned counsel for the

Patna High Court CR. MISC. No.9550 of 2024(2) dt.20-02-2024 2/2 petitioner that the petitioner is in jail since 24.10.2023.

6. Learned APP for the State vehemently opposed the prayer of the petitioner for grant of bail by contending that the petitioner is the assailant of the deceased.

7. Considering the fact that the petitioner is the assailant of the deceased though the deceased died after two days of the incident, this Court is not inclined to grant bail to the petitioner to the petitioner for the present.

8. Accordingly, this application is dismissed.

9. The Court below is directed to expedite the trial of the petitioner and if there is delay in the trial of the petitioner because of the prosecution side, then the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) Vikas/- U T