Chandan Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33212 of 2021 Arising Out of PS. Case No.-472 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== CHANDAN CHOUDHARY S/o Janardhan Choudhary @ Baharan Choudhary R/o Mohalla- Shiv Bazar, P.S.- Bhagwan Bazar, District- Saran at Chapra ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-02-2022 Heard learned counsel for the petitioner, learned counsel for the informant and the learned A.P.P. for the State. The petitioner seeks bail in connection with Bhagwan Bazar P.S.Case No.472 of 2020 registered for the offence under Sections 302/34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons abusing the husband of the informant. When the informant intervened, then co-accused, Priyanka Devi gave knife to the petitioner Chandan Choudhary and caught hold the hand of husband of the informant and told to her husband to kill him. On this, the petitioner caused injury with knife to the husband of the informant and then the accused persons fled away. The informant and her family members started shouting on which neighbours came and took the husband of the informant to Hospital where the Doctor declared him dead.

Patna High Court CR. MISC. No.33212 of 2021(5) dt.22-02-2022 2/2 Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that he has previously filed a complaint case bearing No.2759 of 2018 against the deceased Arvind Choudhary and others. In fact the petitioner is full brother of the deceased.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for bail of the petitioner and submits that the direct allegation of overt-act is against the petitioner and even mother of the petitioner who is also mother of the deceased has supported the prosecution version.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Bhagwan Bazar P.S.Case No.472 of 2020 pending in the court of learned Additional Chief Judicial Magistrate 1st, Saran at Chapra. However, the learned Trial Court is directed to expedite the trial.

(Rajesh Kumar Verma, J) Nitesh/- U T