Patna High CourtCR. MISC./32097/2015dismissed

Vinod Choudhary v. The State Of Bihar

2015-09-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32097 of 2015 Arising Out of PS.Case No. -7 Year- 2014 Thana -PHULWARIA District- BEGUSARAI ====================================================== Vinod Choudhary Son of Ram Sevak Choudhary, resident of village - Sokahara - 2, P.S. - Phulwaria, District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishweshwar Ram For the Opposite Party/s : Mr. Hirday Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2015 Heard both sides The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

The informant, widow of the deceased, alleged that while she along with her husband and others were talking, Vinod Chaudhary, Saroj Chaudhary, Sanjeev Kumar @ Lulha, Rajeev Yadav and three unknown persons came and Vinod Chaudhary fired on the chest of her husband and her husband died. It is submitted that the petitioner is the neighbour and co-sharer of the deceased. The petitioner has falsely been implicated in the case. No blood was found from the place of occurrence. Even the pellet was not recovered from the body of the deceased. The petitioner is in jail since 16.02.2014 but charges have not yet been framed.

Patna High Court Cr.Misc. No.32097 of 2015 (3) dt.23-09-2015 2/2 Having considered the fact that there is very specific allegation that it was the petitioner, who fired on the chest of the husband of the informant and the husband of the informant died, I am not inclined to enlarge the petitioner on bail in Phulwaria P.S. Case No. 07 of 2014. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same preferably within one year from the date of receipt / production of this order.

(Prabhat Kumar Jha, J) Dilip/- U T