Patna High CourtCR. MISC./32991/2021rejected

Kamlesh Choudhary v. The State Of Bihar

2022-02-14Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32991 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== KAMLESH CHOUDHARY SON OF LATE ARJUN CHOUDHARY R/O VILLAGE-DOCTOR ENGLISH, P.S.- GIRIYAK, DISTRICT- NALANDA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State in virtual court proceeding.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Giriyak P.S. Case No. 103 of 2020, S.T. No. 183 of 2020 registered for the offences punishable under Sections 302, 201, 34 of the IPC. The present case relates to murder of informant's mother by her brother (petitioner) and other accused persons. Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.32991 of 2021(5) dt.14-02-2022 2/2 further submits that allegation against the petitioner is that due to land dispute he murdered his mother and threw the dead body in the river.

Learned counsel for the State on the basis of the material available on record and the case diary vehemently opposed the prayer for bail of the petitioner and submits that there is sufficient material against the petitioner. Vide order dated 01.12.2021 a report was called for with regard to stage of the trial.

The report of trial court reveals that trial is going on. Witnesses are being examined.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail and accordingly, the same stands rejected. However, the learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) shahzad/- U T