Santu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27054 of 2020 Arising Out of PS. Case No.-2 Year-2020 Thana- GAURICHAK District- Patna ====================================================== SANTU CHAUDHARY S/o- Late Punai Chaudhary Residence of VillageBaluachak, P.S.- Gourichak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Gourichak P.S. Case No. 02 of 2020 instituted for the offences under Sections 302, 120(b) and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons, variously armed, assaulted the wife of the informant due to which she died during treatment.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.1.2020. There is no

Patna High Court CR. MISC. No.27054 of 2020(3) dt.09-12-2020 2/2 allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner and the co-accused namely Bittu Kumar. It is further submitted that as per post-mortem report, there is only one wound of entry and one wound of exit.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. As per the allegation, the petitioner is also said to be one of the assailants. The postmortem report also corroborates with the allegations made in the F.I.R.. From the place of occurrence, two empty cartridges are said to have been recovered.

Considering the nature of accusation, I am not inclined to grant bail to the petitioner. The same is rejected. The Trial Court is directed to conclude the trial at the earliest preferably within nine months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) Pankaj/- U T