Patna High CourtCR. MISC./49289/2017disposed

Hari Choudhary v. The State Of Bihar

2017-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49289 of 2017 Arising Out of PS.Case No. -231 Year- 2017 Thana -TRIVENIGANJ District- SUPAUL ====================================================== Hari Choudhary, S/o Rajendra Prasad Choudhary, R/o VillageSingheshwar, P.S.- Singheshwar , District- Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Tribeniganj P.S.Case No. 231 of 2017 registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is not named in the FIR and later on his name transpires during course of investigation stating that he was threatening the deceased when he was demanding his dues from petitioner.

Submission of learned counsel for the petitioner is that except suspicion there is nothing against him and he is in custody for three months. Further submission is that charge sheet in this case has been submitted.

Patna High Court Cr.Misc. No.49289 of 2017 (3) dt.15-11-2017 2/2 Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail stating that case diary does not show submission of charge sheet and there was dues of Rs.4,60,000/- of the deceased and when demanded the petitioner was threatening him of dire consequence. Having heard both sides and in view of facts and circumstances, I am not inclined to grant bail to the petitioner. However, if submission of learned counsel for the petitioner is found true, learned trial court shall release the petitioner on bail to its own satisfaction, otherwise he may pass appropriate order as he may deem fit and proper. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U