Patna High CourtCR. MISC./54814/2018dismissed

Ujjawal Kumar Choudhry @ Soni Choudhry v. The State Of Bihar

2018-09-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54814 of 2018 Arising Out of PS. Case No.-286 Year-2018 Thana- AMARPUR District- Banka ====================================================== Ujjawal Kumar Choudhry @ Soni Choudhry Son of late Radha Prasad Choudhary Resident of Village- Jankipur, P.S. Amarour, Distt. Banka. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Ghosarvey For the State :

Mr. Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-09-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is apprehending his arrest in connection with Amarpur P.S. case No.286 of 2018 registered under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the court of Chief Judicial Magistrate, Banka.

Allegation is that the accused persons including the petitioner murdered the husband of the informant by firing shot. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is a political rivalry between the parties and

Patna High Court Cr.Misc. No.54814 of 2018(2) dt.17-09-2018 2/2 for the said reason the petitioner has been made accused. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. The brother of the deceased is the eye witness to the alleged occurrence and the petitioner is also alleged to have fired at the time of occurrence.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T