Amresh Choudhary @ Amresh Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12068 of 2018 Arising Out of PS. Case No.-146 Year-2015 Thana- BHAGWANPUR District- Begusarai ====================================================== Amresh Choudhary @ Amresh Chaudhary S/o Late Ganpat Choudhary, R/o Village- Dadpur, P.S.- Bhagwanpur, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur For the Opposite Party/s :
Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner, already in custody, seeks bail in connection with Bhagwanpur (Tiyai) P.S. Case No.146 of 2015 registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.
Allegation in brief is that the son of the informant was killed and dead body was thrown in a ditch by the side of the road.
Learned counsel for the petitioner submits that FIR is against unknown, only material against the petitioner is that mobile of the petitioner which was being used by the deceased was recovered from place of occurrence and there is no eye witness in this case; whereas learned counsel for the State
Patna High Court Cr.Misc. No.12068 of 2018(3) dt.12-04-2018 2/2 submits that there is eye witness in the case as referred in para 162 and 163 of the case diary and the mobile of the deceased was recovered from the place of occurrence and prior to the occurrence a call was made by the petitioner to the deceased and CDR shows petitioner location near the place of occurrence and one witness saw him killing the deceased and he has eight criminal antecedents of serous nature.
Having considered the aforesaid facts and circumstances, the prayer of bail of the petitioner is rejected in connection with Bhagwanpur (Tiyai) P.S. Case No.146 of 2015 pending in the court of learned CJM, Begusarai. (Arun Kumar, J) S.KUMAR/- U T