Subash Choudhary v. The State Of Bihar

Patna High Court Cr.Misc. No.48714 of 2015 (3) dt.07-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48714 of 2015 Arising Out of PS.Case No. -366 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. Subash Choudhary, Son of Late Sitaram Choudhary, resident of VillageKatesar, P.S.- Bihta, District- Patna..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-12-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Bihta P.S. Case No. 366 of 2015 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. Allegedly, Kundan Kumar went to sleep with Pradeep Kumar in the premises of Durga Temple and in the morning Kundan Kumar was found dead and his dead body was found hanging in Sheesham Tree through Gamcha and his foot were touching the land and Pradeep Kumar informed that the petitioner and other co-accused have taken away Kundan Kumar in the night and earlier there was altercation and the petitioner has caused threats to kill the deceased within one month. Submission is of false implication and that neither the informant nor any one has seen the petitioner committing the

Patna High Court Cr.Misc. No.48714 of 2015 (3) dt.07-12-2015 crime, in the night Pradeep Kumar has not raised any alarm or made any attempt to rescue the deceased and as such the alleged information of Pradeep Kumar appears not reliable, there is no cogent and reliable materials and the petitioner is suffering in custody since 20.05.2015. The informant and others have committed brutal murder of wife of this petitioner for which Bihta P.S. Case No.

395 of 2015 has been registered and to take revenge the petitioner has been implicated as such the petitioner deserves sympathetic consideration to which the learned APP opposes by submitting that there is strong motive for committing the murder of the deceased by the petitioner and his family members and Pradeeep Kumar being eye witness has stated that the deceased was taken away forcibly by the petitioner and others and earlier the petitioner has caused threats to kill him within one month. In the facts and circumstances stated above, considering the statement of Pradeep Kumar, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.

However, the trial court is directed to expedite the trial. (Jitendra Mohan Sharma, J) avin/- U T