Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47315 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- NARHATT District- Nawada ====================================================== Vijay Chaudhary S/o Babulal Choudhary Resident of Village-Rampur, P.S.- Meskaur (Sitamarhi), District-Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Informant : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the Informant and learned APP for the State.

2. Petitioner seeks bail, who is in custody since 30.04.2023, in connection with Narhat P.S. Case No. 186 of 2023, F.I.R. dated 29.04.2023 registered for the offences punishable under Sections 302, 120(B), 201, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he killed the son of the informant namely Kundan Kumar and the deceased was last seen in the company of petitioner namely Vijay Chaudhary.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case due to previous admitted dispute

Patna High Court CR. MISC. No.47315 of 2023(3) dt.30-08-2023 2/2 and the informant is not an eye witness of the alleged occurrence. He further submits that as per allegation in the F.I.R. that the petitioner has last seen with the son of the informant and except the aforesaid, no other material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

5. Learned counsel appearing on behalf of the Informant as well as learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that the petitioner has confessed his guilt in the present occurrence and on the basis of confessional statement of the petitioner lead to recovery of towel which was used in the crime in question and the blood stained T-shirt of the petitioner.

6. Considering the aforesaid facts that there is direct allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Narhat P.S. Case No. 186 of 2023 pending in the Court of learned Judicial Magistrate 1st Class, Nawada.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T