Dhiraj Choudhary@Dhiraj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28226 of 2021 Arising Out of PS. Case No.-601 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== DHIRAJ CHOUDHARY@DHIRAJ KUMAR CHOUDHARY Son of Late Hare Ram Choudhary Resident of Village - Lakho, P.S.- Mufassil (Lakho O.P.), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Archana Sinha, Advocate For the informant :

Mr. Prasanjit Pritam, Advocate For the State :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2021 Heard Mrs. Archana Sinha, learned counsel for the petitioner, Mr. Prasanjit Pritam, learned counsel for the informant and Mr. Bharat Lal, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Begusarai Mufassil P.S. Case No. 601 of 2020 registered for the offences punishable under Sections 341, 323, 307, 302, 447, 387, 324, 504 and 506/34 of the Indian Penal Code 1860. The allegation against the petitioner is that he along with his brother Deepak choudhary assaulted the brother of the informant by means of iron rod and khanti, due to which, he died.

Patna High Court CR. MISC. No.28226 of 2021(2) dt.07-12-2021 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to dispute relating to purchase of coconut inasmuch as the deceased was engaged in the business of coconut. Learned counsel further submits that the allegation of assault is upon two brothers and the simple injuries have been found on the person of the deceased.

On the other hand, learned counsel for the informant vehemently opposes the prayer for bail and submits that there is specific allegation of assault against the petitioner and other by means of iron rod and khanti and the allegation made in the First Information Report is supported by the postmortem report inasmuch as the victim has sustained multiple injuries on his body. He next submits that the regular bail of similarly situated co-accused person namely, Deepak Choudhary, has been rejected by a co-ordinate Bench of this Court in Cr. Misc. 26923 of 2021.

Regards being had to the submissions made by the parties and taking into consideration the materials on record, the nature of allegation and the fact that the bail application of the similarly situated co-accused person has been rejected by a coordinate Bench of this Court, I am not inclined to grant regular

Patna High Court CR. MISC. No.28226 of 2021(2) dt.07-12-2021 3/3 bail to the petitioner.

Accordingly, the prayer for bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U