Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5864 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Rajesh Chaudhary, son of Brijnandan Choudhary, Resident of VillageChhoti Belaur, P.S.- Rajgir, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md.Imteyaz Ahmad For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-02-2017 Heard the parties.

This application is for grant of bail in connection with Rajgir P.S.Case No.69 of 2016 for the offence under Sections 302/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that there was no source available for identification at the time of occurrence and the informant is the eye witness and except her, there is no other eye witness. It has further been submitted that a land dispute between the parties is going on.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides. From perusal of the F.I.R. itself, it appears that the informant has seen the petitioner and other

Patna High Court Cr.Misc. No.5864 of 2017 (3) dt.21-02-2017 2/2 accused persons fleeing away from the place of occurrence. It is further alleged that they fired upon the deceased and due the fire arm injury, he died.

Considering the aforesaid fact, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner is in custody since 03.08.2016, the learned trial court is directed to expedite the trial.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U