Ashish Choudhary @ Asish Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29263 of 2020 Arising Out of PS. Case No.-126 Year-2018 Thana- BASOPATTI District- Madhubani ====================================================== ASHISH CHOUDHARY @ ASISH CHOUDHARY Son of Ashok Choudhary @ Murari Choudhary R/o Village- Parsa Kaithani Tol, P.S.- Basopatti, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Akhileshwar Dayal, learned A.P.P. for the State. The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Sessions Trial No. 52 of 2019 arising out of Basopatti P.S. Case No. 126 of 2018 for the offence punishable under Sections 304(B), 120(B) and 34 of the Indian Penal Code inasmuch as the earlier petition filed by the petitioner for grant of bail was dismissed as withdrawn by this Court by an order

Patna High Court CR. MISC. No.29263 of 2020(2) dt.04-12-2020 2/2 dated 20.02.2019 passed in Criminal Misc. No. 77075 of 2018. The petitioner is alleged to have killed his wife by setting her on fire.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 26.07.2018 and there is no likelihood of completion of the trial in near future. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that the learned counsel for the petitioner has not been able to point out any change in circumstance, from the day the prayer of the petitioner for bail was not entertained earlier by this Court, till today, I do not find any reason to reconsider the prayer of the petitioner for grant of bail, hence the present petition stands dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T