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Patna High CourtCR. MISC./18134/2018rejected

Nikku Choudhary v. The State Of Bihar

2018-04-25Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18134 of 2018 Arising Out of PS. Case No.-197 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nikku Choudhary, S/o Shri Narendra Chaudhary @ Shri Naresh Chaudhary, Resident of Village- Belaur, P.S.- Udwant Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prabhu Narayan Sharma For the Opposite Party/s :

Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Udwant Nagar P.S.Case No. 197 of 2017 registered under Sections 302, 307, 323, 341, 323, 447 and 504 of the Indian penal Code and 27 of the Arms Act. Allegation in brief is that on account of land dispute, petitioner is said to have fired at the informant causing injury in his stomach as a result he succumbed to injury. . Submission is that no land dispute exists in between informant and the petitioner and informant's son and other so called witnesses are not eye witnesses.

Whereas learned counsel for the informant submits that there is specific accusation against the petitioner of killing the informant which becomes dying declaration after his death.

Patna High Court Cr.Misc. No.18134 of 2018(3) dt.25-04-2018 2/2 Having considered the aforesaid facts and circumstances and specific accusation against the petitioner, his prayer of bail is rejected.

(Arun Kumar, J) sujit/- U T