Chandan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.777 of 2018 Arising Out of PS.Case No. -220 Year- 2014 Thana -SIWAN CITY District- SIWAN ======================================================

1. Chandan Chaudhary, S/o Late Laxman Chudhary, R/o Mohalla- Dakhin Tola, P.S.-Siwan Ton, District-Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner wants to renew the prayer of bail which was earlier rejected vide order dated 03.02.2016 and 14.12.2016 passed in Cri. Misc. No. 35142 of 2015 and Cr. Misc. No. 48476 of 2016, on the ground that the petitioner is suffering in custody since 12.01.2015, there is no legal and tangible material against the petitioner and further all the five prosecution witnesses who have been examined during trial have turned hostile and did not support the prosecution case regarding the hands of the petitioner in the crime and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail by

Patna High Court Cr.Misc. No.777 of 2018 (2) dt.10-01-2018 2/2 submitting that in this case Md. Sahabuddin was granted bail by this Court which has been cancelled by the Apex Court and against the petitioner there is sufficient material as he with another co-accused was seen at the place of occurrence in suspicious condition and further the petitioner was talking that he has finished the job by killing Rajeev Roushan, but he has not been paid agreed amount and further the petitioner has got criminal antecedent.

In the facts and circumstances stated above, finding no good ground for reconsideration of prayer of the bail, again prayer of the bail of the petitioner stands rejected in S.Tr. No. 139 of 2017 arising out of Siwan Town P.S. Case No. 220 of 2014, pending in the court of learned 1st Additional Sessions Judge-cumSpecial Court (Jail) Siwan. (Jitendra Mohan Sharma, J.) Rajiv/- U T