Uday Choudhary @ Uday Kumar Choudhary @ Raja Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30871 of 2017 Arising Out of PS.Case No. -133 Year- 2014 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Uday Choudhary @ Uday Kumar Choudhary @ Raja Choudhary S/o Maheshwar Choudhary Resident of Village- Sherpur, P.S. Vidyapati Nagar, Distt- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surya Narayan Roy For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is accused in connection with S.T. No. 168 of 2015 arising out of Vidyapati Nagar P.S. Case No. 133 of 2014 registered under sections 302/34 of the I.P.C. pending in the Court of 1st Additional Sessions Judge, Samastipur. Submission of learned counsel for the petitioner is that petitioner has falsely been implicated in this case due to village politics. Further submission is that petitioner is in custody since 23.07.2014, having no criminal antecedent. On perusal of report of the trial Court vide Letter No. 305 of 2017 dated 04.09.2017, it appears that out of four witnesses, two witnesses have already been examined and now the

Patna High Court Cr.Misc. No.30871 of 2017 (3) dt.08-09-2017 2/2 case is pending only for evidence of two witnesses. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to allow the prayer of the petitioner for bail. Accordingly, this application is rejected. However, Trial Court is directed to expedite the trial within a period of three months.

(Arvind Srivastava, J) Shailendra/- U T