Mukesh Kumar Choudhary @ Mukesh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42615 of 2022 Arising Out of PS. Case No.-79 Year-2020 Thana- KADIRGANJ District- Patna ====================================================== Mukesh Kumar Choudhary @ Mukesh Choudhary S/O Ram Prakash Choudhary Resident of Village- Harla, P.S.- Kadirganj, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2022 Heard both parties.

The petitioner apprehends his arrest in Kadirganj P.S. Case No. 79 of 2020, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. On suspicion co-accused Ramesh Kumar was apprehended by the villagers who disclosed that he along with this petitioner and other co-accused persons committed murder of Anjali Kumari the sister of co-accused Ramesh Kumar by putting her inside the water.

It is submitted that except confessional statement of co-accused there is no material against this petitioner to show his connivance in the alleged occurrence. It is next submitted that during postmortem examination it was seen that dead body was in total decomposed state. The doctor has opined that time

Patna High Court CR. MISC. No.42615 of 2022(2) dt.01-12-2022 2/2 of death is at least 36 to 42 hours prior to conducting the postmortem examination.

However, counsel for State vehemently opposed the prayer for bail.

Considering the facts aforesaid and materials available on record, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T