Antu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7152 of 2019 Arising Out of PS. Case No.-192 Year-2012 Thana- DESARI District- Vaishali ====================================================== ANTU CHAUDHARY S/o Sakhichand Choudhary Village - Muratwatpur, P.S. - Desari, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that in the backdrop of a petty issue, the accused persons assaulted son of the informant on his head with lathi and, knife was also stabbed in his stomach, as a result of which, informant's son received injury and died in the way proceeding for treatment. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 29-11-2017. Charge sheet has already been submitted.

Patna High Court CR. MISC. No.7152 of 2019(4) dt.23-04-2019 2/2 Earlier prayer for bail of the petitioner was rejected vide Annexure-2 to the present application taking into account that the petitioner is main assailant.

A report was called for from the court below which has been received.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is main assailant. Considering the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 345 of 2016 arising out of Desri P.S. Case No. 192 of 2012 is rejected. The trial court is directed to take all possible steps to expedite the trial and conclude the same as early as possible, preferably within a period of one year from the date of receipt/production of copy of this order.

(Sudhir Singh, J) A.K.V.//- U T