Balram Chaudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.23432 of 2016 (3) dt.21-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23432 of 2016 Arising Out of PS.Case No. -2 Year- 2014 Thana -SAMHO District- BEGUSARAI ====================================================== Balram Chaudhary son of late Makhru Chaudhary resident of village Samho Akbarpur PS Samho Dist. Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 21.06.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

Petitioner seeks bail in a case registered under section 302/34 of the Indian Penal Code, section 27 of the Arms Act as well as section 3 ( I) (X) of the SC/ST (Prevention of Atrocities) Act. It would appear from perusal of the impugned order that petitioner opened fire on the deceased.

Moreover, it is informed on behalf of the informant that having more or less similar allegation prayer for bail of co-accused Upendra Choudhary has already been rejected by a coordinate bench of this court vide order dated 2.9.2015 passed in Cr. Misc. no. 24438/2015.

Regard being had to the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection

Patna High Court Cr.Misc. No.23432 of 2016 (3) dt.21-06-2016 with Sessions Trial no. 319/2015 arising out of Samho P.S. Case no. 02/2014 pending in the court of the Special Judge SC/ST, Begusarai stands rejected.

shahid (Hemant Kumar Srivastava,J) U T