Dilip Choudhary @ Dilip Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9262 of 2016 Arising Out of PS.Case No. -372 Year- 2014 Thana -BATHNAHA District- SITAMARHI ====================================================== Dilip Choudhary @ Dilip Singh, Son of Chandra Dev Choudhary, Resident of Village - Koari, P.S. - Bathnaha, District - Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashhar Mustafa For the Opposite Party : Mr. Dr.Kr.Uday Pratap(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bathnaha P.S. Case No. 372 of 2014, registered under Section 302/120(B)/34 of the Indian Penal Code pending in the Chief Judicial Magistrate, Sitamarhi.

The accusation is that on the way Pawan Kumar Singh, son of the informant, was shot fired by the petitioner and one Subodh Choudhary, who died on the spot.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The petitioner has been falsely implicated in this case and he is in custody since 21.01.2015.

Learned counsel for the State vehemently opposed

Patna High Court Cr.Misc. No.9262 of 2016 (2) dt.01-04-2016 2/2 the prayer of the petitioner and submits that there is direct allegation against the petitioner. The postmortem report vide para 74 of the case diary shows that deceased died due to fire arm injury.

Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected (Rajendra Kumar Mishra, J) manish/- U T