Shivarat Chaudhary @ Shivwadh Chaudhary @ Nehal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53361 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- PATAHI District- East Champaran ====================================================== SHIVARAT CHAUDHARY @ SHIVWADH CHAUDHARY @ NEHAL SON OF MAHANT SURYA PRAKASH DAS RESIDENT OF VILLAGE - BOKANE KALA, P.S. - PATAHI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Patahi P.S. Case No. 129 of 2022, registered for the offences punishable under Sections 302, 328/34 of the Indian Penal Code.
3.The deceased is son of the informant. As per recitals of the FIR, he went to attend tuition, but he did not return to his house. The informant had a telephonic conversation with his son and he apprised the informant in stuttering voice that he was about to unconscious and he was not able to speak. The deceased was brought to the hospital where he died during course of treatment. The co-accused Sanni Kumar is also a son
Patna High Court CR. MISC. No.53361 of 2023(3) dt.08-11-2023 2/3 of the informant from his first wife and as per the FIR, he is a person of criminal nature. Sanni Kumar along with his wife Saloni Chaudhary and other accused persons including the petitioner who is nephew of the informant had administered poison to the son of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent. He is nephew of the informant. The informant was inimical to the petitioner and it was the reason that he falsely implicate him. Co-accused Sanni Kumar who is also son of the informant has been granted bail and his wife Saloni has also been granted bail.
5. On the other hand, Shri Shailendra Kumar, the learned APP has opposed the prayer for bail and has submitted that the independent witness has stated, in paragraph No. 21 of the case diary, that on the day of occurrence he had seen the deceased along with the petitioner and one Devart Chaudhary@Kanhai going by a motorcycle.
6. It appears to be a case of circumstantial evidence. The deceased was seen with the petitioner and co-accused soon before the occurrence. So far as other co-accused persons are concerned, they have been granted regular bail, but it is anticipatory one.
Patna High Court CR. MISC. No.53361 of 2023(3) dt.08-11-2023 3/3
7. In my view, the petitioner does not deserve the privilege of anticipatory bail. Accordingly, it is rejected. (Nawneet Kumar Pandey, J) SONALI/Jyoti/- U T