Suresh Chaudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20413 of 2017 Arising Out of PS.Case No. -665 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. Suresh Chaudhary

2. Ramesh Chaudhary Both sons of Late Atwar Chaudhary Resident of Village Nagar Bihta, P.S. - Bihta, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Sinha, Adv. For the Informant : Mr. Nishant Kumar Jha, Adv. For the Opposite Party/s : Mr. Sri Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offences punishable under Sections 365, 341, 323, 324 and 307/34 of the Indian Penal Code in connection with Bihta P.S. Case No. 665/2016.

Allegation against the petitioners is that they assaulted the informant. Though, there is general allegation against them.

It has been submitted on behalf of the petitioners that no specific allegation has been attributed against the petitioners.

Patna High Court Cr.Misc. No.20413 of 2017 (4) dt.04-07-2017 2/2 Though, the injuries are grievous in nature. Further, the petitioner is in custody since 13.09.2016.

Learned Additional Public Prosecutor opposes the prayer for bail and submits that the petitioners have assaulted the informant causing grievous injury.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners, above named, on bail at this stage. Accordingly, the same is rejected. However, the petitioners have remained in custody for more than nine months. The trial court is directed to expedite the trial and conclude the same within a period of six months. If the trial is not concluded within the stipulated period, the petitioners will be at liberty to renew their prayer for bail before the court below. (Vinod Kumar Sinha, J.) Rakhi U T