Jyoti Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22162 of 2024 Arising Out of PS. Case No.-446 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Jyoti Chaudhary son of Late Lakhraj Choudhary Village- Khadda kunjalahi, Ps- Nautan Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the State :

Mr. Bhanu Pratap Singh, APP For the Informant :

Mr. Alexander Ashok Mr. Jawed Akhtar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of anticipatory bail in connection with Nautan P.S. Case No. 446 of 2023, dated 15.10.2023, registered for the offences punishable under sections 302/120B/201/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other co-accused persons are alleged to have committed murder of the informant's son by drowning him in the Bhagar river.

4. Learned counsel for the petitioner has submitted hat the petitioner is innocent and has falsely been implicated in this case. The petitioner has got no criminal antecedent as stated in

Patna High Court CR. MISC. No.22162 of 2024(2) dt.22-04-2024 2/2 para 3 of the bail petition. The name of the petitioner has transpired in this case on the basis of suspicion.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the anticipatory bail petition of the petitioner and submitted that from perusal of impugned order at para 27 of the case diary the tower location of the petitioner has been found near place of occurrence and the petitioner's involvement was also found in the said occurrence.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below may consider his prayer for regular bail in accordance with law on the same day without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) Ranjeet/- U T