Chandeshwar Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41125 of 2022 Arising Out of PS. Case No.-5 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== Chandeshwar Mukhiya Son of Alhe Mukhiya @ Aalhe Mukhiya Resident of village - Koirgawa Been Tola, P.S.- Sangrampur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, A.P.P.

For the Informant :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Allegation against the petitioner is that he gave the blow of iron rod (Khanti) on the chest of informant's son, as a result the informant's son Aditya Kumar died on the spot. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is that the petitioner gave the

Patna High Court CR. MISC. No.41125 of 2022(5) dt.29-03-2023 2/2 blow of iron rod on the chest of the informant's son due to result the informant's son has died on the spot.

Vide order dated 14.02.2023 a report was called for with regard to the present stage of trial. Report dated 16.02.2023 reveals that the charge has been framed against the petitioner under Section 302/34 of the Indian Penal Code on 08.06.2022 and till date seven prosecution witnesses have already been examined including the informant and the case is pending for the prosecution evidence.

In view of the report of the learned Trial Court it appears that the trial is in advance stage.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Session Trial No. 466 of 2022 arising out of Sangrampur P.S. Case No. 05 of 2022 pending in the court of learned 12th Additional Sessions Judge, Motihari, East Champaran.

Prayer is refused.

However, the learned Trial Court is directed to conclude the trial at the earliest.

(Rajesh Kumar Verma, J) mdrashid/- U T