Shankar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19764 of 2023 Arising Out of PS. Case No.-904 Year-2022 Thana- BIHTA District- Patna ====================================================== Shankar Choudhary son of Late Panak Choudhary Village- Doghara Ps-Bihta Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Ranjan For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 354, 448, 302 of the Indian Penal Code.

The allegation against the petitioner is to murder the husband of the informant by strangulation.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness to the present occurrence and only on the basis of suspicion, he has been made accused in this case. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposing the prayer for bail submits that there is ample evidence against the petitioner

Patna High Court CR. MISC. No.19764 of 2023(3) dt.12-07-2023 2/2 in the case diary.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bihta P.S. Case No. 904 of 2022.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T