Patna High CourtCR. MISC./38038/2016rejected

Satendra Chaudhary v. The State Of Bihar

2016-11-09Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38038 of 2016 Arising Out of PS.Case No. -110 Year- 2015 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== Satendra Chaudhary S/o Shri Suryabali Choudhary R/o Village Udaypur, P.S. Sanjahuli, District - Rohtas.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Kishor Poddar For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Earlier the prayer for bail of the petitioner was rejected by this court taking note of allegation levelled against him as well as stage of the case but now, the case of the petitioner has already been committed to the court of Sessions. Submission on behalf of the petitioner is that the petitioner and informant are full brothers and as a matter of fact, scuffle took place between the parties on the point of partition dispute and there was no intention of the petitioner to commit the

Patna High Court Cr.Misc. No.38038 of 2016 (4) dt.09-11-2016 2/2 murder of injured of this case. However, it is informed that up till now, charge could not be framed against the petitioner. The injury report of injured prima facie corroborates the allegation levelled against the petitioner and taking into consideration the present stage of the case, the prayer for bail of the petitioner in connection with Sanjhauli P.S. Case No. 110 of 2015 pending in the court of Additional Chief Judicial Magistrate, Bikramganj, Rohtas is again rejected.

However, petitioner may renew his prayer for bail after framing of the charge.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T