Chhotelal Chaudhary @ Chhotu Chaudhary @ Chhote Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1372 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -BALIA District- BEGUSARAI ======================================================
1. Chhotelal Chaudhary @ Chhotu Chaudhary S/o Shankar Chaudhary @ Ram Choudhary Resident of Village- Masudanpur, P.S.- Ballia, DistrictBegusarai. .... .... Appellant/s
Versus
1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Karandeep Kumar For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 Heard the parties.
The appellant seeks regular bail in Balia P.S. Case No.65 of 2016 registered for the offences under Sections 147, 148, 149,341, 342, 302 of the I.P.C., Section 27 of the Arms Act and Section 3(2) (v) of SC/ST (POA)Act.
Allegation against the appellant of indiscriminate firing upon the deceased causing death. Submission of the learned counsel for the appellant is that witnesses have been examined but have been declared hostile by the prosecution and he is in
Patna High Court CR. APP (SJ) No.1372 of 2017 (6) dt.11-09-2017 2/2 custody.
Heard learned Special P.P. also who opposed the prayer for bail stating that the witnesses have seen the petitioner at the place of occurrence and allegation against him and other are of firing indiscriminately.
Having heard both sides and in view of the facts and circumstances, as stated above, and the fact that the vide order dated 11.07.2017 passed in Cr. Appeal No.1281/16 passed in a case of other co-accused persons this Court has directed the trial court to expedite the trial and try to conclude the same expeditiously, in such view of the matter I am not inclined to grant bail to the petitioner. However, trial court is directed to expedite the trial and conclude it as early as possible.
With this observation this appeal is dismissed. (Vinod Kumar Sinha, J) AnilKrSinha/- U