Patna High CourtCR. MISC./26923/2021bail rejected

Deepak Choudhary v. The State Of Bihar

2021-11-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26923 of 2021 Arising Out of PS. Case No.-601 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DEEPAK CHOUDHARY S/o Late Hare Ram Choudhary R/o village- Lakho, P.S.- Mufassil (Lakho O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner seeks regular bail registered for the offences punishable under sections 302/34 and other sections of the Indian Penal Code.

As per the prosecution case, informant's brother was doing trade of Coconut and accused persons demanded rangdari from him. On 8.11.2020 this petitioner and co-accused Dhiraj armed with iron rod and Khanti along with 6 to 7 unknown accused persons assaulted the brother of the informant as a result of which he died during treatment.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.26923 of 2021(3) dt.18-11-2021 2/2 case. There is general and omnibus allegation of assault against all the accused persons and specific allegation of assault is against co-accused Dhiraj Chaudhary. During investigation no independent witness has supported the prosecution case. There was money dispute between the parties. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 4.1.2021.

Learned counsel for the State and the informant oppose the prayer for bail and submit that there is specific allegation of assault by iron rod against the petitioner and post mortem report also reveals that the victim had sustained multiple injuries on his body.

Considering the nature of accusation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) shashi/- U T