Sanjay Choudhary @ Mannu Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6336 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== SANJAY CHOUDHARY @ MANNU CHOUDHARY son of Late Radha Singh Village-Hriday Saraiyan, P.S-Kargahar, Distt.-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhinay Raj For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== 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 147, 148, 149, 341, 307, 302 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case in short is that in the backdrop of land dispute, the petitioner is alleged to have shot the elder brother of the informant who died in course of treatment. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 13-06-2018. Charge sheet has already been submitted. The petitioner has falsely been implicated in the present case. There is land dispute between the parties. For the oblique reason, the petitioner has

Patna High Court CR. MISC. No.6336 of 2019(3) dt.23-04-2019 2/2 been made accused in this case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. He is main assailant. The postmortem report corroborates the allegation, made in the FIR. 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 Kargahar P.S. Case No. 207 of 2018 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.

The District Magistrate and the Superintendent of Police, Rohtas, Sasaram shall ensure that the witnesses are produced on the date fixed by the trial court so that the trial could be concluded within the stipulated period. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Rohtas, Sasaram for needful.

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