Murari Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37444 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Murari Choudhary Son of Late Raj Narayan Choudhary Resident of Mohalla - Ward No. 14 Loknathpur, Police Station Dalsinghsarai, District Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Singh, Advocate For the Opposite Party/s : Mr. (Dr.) Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Dalsingsarai P.S. Case No. 12/16 for offences alleged under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegation is that on the orders of petitioner and other co-accused, one Sanjeet Kumar Choudhary shot at the husband of the informant on his left chest resulting in his death and on hulla made by her, villagers assembled there and all the accused persons fled away.

Patna High Court Cr.Misc. No.37444 of 2016 (2) dt.17-09-2016 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case due to land dispute. In fact, he submits that both sides are next door neighbours and are on inimical terms and the dispute is with regard to land for which Title Suit No. 82/15 is also pending between the parties. He submits that there is no allegation against the petitioner of firing, which is on one Sanjeet Kumar Choudhary.

However, learned counsel appearing behalf of the informant submits that earlier also there was a case under Section 307 I.P.C. against the petitioner and his family members in which petitioner along with his family members had also caused injury. He submits that the petitioner along with other co-accused caught hold of the informant's husband and one of the co-accused fired resulting in death of the informant's husband. Learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the allegations against the petitioner, I am not inclined to grant him privilege of bail in

Patna High Court Cr.Misc. No.37444 of 2016 (2) dt.17-09-2016 3/3 connection with Dalsingsarai P.S. Case No. 12/16, pending in the court of A.C.J.M, Dalsingsarai, Samastipur. (Nilu Agrawal, J.) Rajesh/- U T