Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38153 of 2019 Arising Out of PS. Case No.-41 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== CHANDAN KUMAR, Son of Mahesh Paswan, Resident of Village - Kabilpur, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dshirendra Kumar Trivedi, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 23-08-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 07.02.2018 in connection with Bahadurpur P.S. Case No.41 of 2018 registered under Section 302/34 of the Indian Penal Code. Earlier the prayer for bail was rejected in view of the fact that the petitioner was said to have given main blow on the back which resulted in puncture of the lung leading to the death of the deceased.

Learned counsel for the petitioner has renewed the prayer for bail of the petitioner on the ground that it has been wrongly recorded that the petitioner has given the main blow. In fact, it appears from the confessional statement made by some persons before the police that the main blow was not inflicted

Patna High Court CR. MISC. No.38153 of 2019(4) dt.23-08-2019 2/2 by the petitioner but by one Manish Kumar alias Chhotu Kumar. In view of such facts, the Court had called for the case diary, which has been perused in depth by the learned counsel for the State and it appears from the bare perusal of the statements of many of the witnesses that the three accused had attacked the deceased and the cumulative effect of the said attack had led to the death of the deceased.

In view of such facts and circumstances, I am not inclined to grant regular bail to the petitioner. It is accordingly rejected.

However, the trial of the case may be expedited so that the same may be disposed of within nine months. (Anjana Mishra, J) PNM U T