Niku Chaudhary@ Riku Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25903 of 2024 Arising Out of PS. Case No.-273 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Niku Chaudhary@ Riku Chaudhary SON OF Narendra Choudhary VILLAGE- BELAUR AT PRESENT VILLAGE- SUDHANI, PS- UDWANT NAGAR, DIST- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Udwant Nagar P.S. Case No. 273 of 2023 for the offences punishable under Sections 302, 328, 201 of the Indian Penal Code.

3. As per allegation, the petitioner was frequently coming to the house of the informant and he used to accompany his grandson (the deceased). On 19.06.2023, at about 10:00 A.M., the petitioner came to the house of the informant and took his grandson but his grandson did not return. In the midnight, at 12:00A.M., the petitioner was informed that the dead body was lying in the eastern direction of Sudhani village. The informant went there and saw the dead body of his grandson but his motorcycle, golden chain and the wallet were not found there. It has also been mentioned in the FIR that the petitioner would have administered poisonous substance to

Patna High Court CR. MISC. No.25903 of 2024(4) dt.12-09-2024 2/2 grandson of the informant and committed his murder.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the FSL report is not available with the record and the charges have been framed recently. He has also submitted that there is no external injury on the dead body. He has next submitted that except suspicion there is nothing in the case diary.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. The FIR itself discloses that the petitioner called the deceased from his house and went with him by a motorcycle. The deceased was carrying his mobile set. The dead body of the deceased was found but his golden locket and motorcycle were disappeared. The petitioner was last seen accompanying the deceased. He has criminal antecedent of three cases, as disclosed in paragraph no. 3 of the bail petition.

7. In my view, the petitioner does not deserve the privilege of bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) Nirmal/- U T