Patna High CourtCR. MISC./21593/2018rejected

Lutan Chaudhary v. The State Of Bihar

2018-07-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21593 of 2018 Arising Out of PS.Case No. -146 Year- 2015 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Lutan Chaudhary S/o Late Ganpat Chaudhary, R/o Vill.- Dadpur, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bhagwanpur (Tiyai) PS case no. 146 of 2015 instituted for the offences punishable under Sections 302/34 of Indian Penal Code and Section 27 of Arms Act.

The allegation is regarding unknown accused persons having killed the son of the informant. The learned counsel for the petitioner has submitted that the petitioner was in custody when the occurrence had taken place, hence the petitioner cannot be saddled with the liability of the alleged crime. The petitioner is said to be languishing in custody since 27.10.2017.

Patna High Court Cr.Misc. No.21593 of 2018 (4) dt.02-07-2018 2/2 I have heard the learned counsel for the petitioner and perused the case diary. From the case diary, it appears that the complicity of the petitioner in the present case is writ large. Even charge sheet has been filed in the present case and moreover, the petitioner is a veteran criminal, inasmuch as six cases of heinous nature are pending against the petitioner though in three cases, he has been acquitted. In such view of the matter, this Court finds that it would not be in the interest of society to release such a veteran criminal. Reference in this regard be had to the judgment rendered by the Hon'ble Apex Court in the case of Ash Mohammad v. Shiv Raj Singh @ Lalla Babu & Anr. reported in (2012) 9 SCC 446.

Having regard to the facts and circumstances of the case, I do find any merit in the present petition, hence the same is rejected.

(Mohit Kumar Shah, J) rinkee/- U T