Patna High CourtCR. MISC./48771/2023rejected

Dani Chaudhary @ Dina Chaudhary v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48771 of 2023 Arising Out of PS. Case No.-198 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== DANI CHAUDHARY @ DINA CHAUDHARY Son of Ashok Choudhary @ Ashok Chaudhry Resident of Village - Jandaha, P.S.- Jandaha, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with another is of killing the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is no eye-witness of the alleged occurrence. There is no specific overt act against the petitioner and case of last seen. Petitioner is languishing in judicial custody since 05.07.2022.

5. Learned APP for the State has opposed the

Patna High Court CR. MISC. No.48771 of 2023(3) dt.04-09-2023 2/2 application for bail and submitted that petitioner is named in the FIR. The postmortem report corrborates the prosecution case and the petitioner confessed his guilt about the said occurrence and at the instance of the petitioner, incriminating weapon , which were used in the occurrence has been recovered. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) arish/- U