Sudesh Choudhry @ Suresh Choudhry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9219 of 2021 Arising Out of PS. Case No.-207 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Sudesh Choudhry @ Suresh Choudhry Son Of Late Rajendra Choudhry @ Raj Kumar Choudhry R/O Village- Hazipur, P.S.- Barauni, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Braj Bhushan Poddar :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Barauni P.S. Case No. 207 of 2020 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation, as per the F.I.R., is that petitioner along with coaccused persons namely Nitish Chaudhary and Gopal Chaudhary assaulted father of the informant by firing with gun shot and by means of lathi, danda as a result of which he died during the course of his treatment.

Patna High Court CR. MISC. No.9219 of 2021(3) dt.07-09-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has two criminal antecedents as has been mentioned in para 3 of this bail application and he is languishing in custody since 15.06.2020. Learned APP for the State vehemently oppossing the bail petition submits that there is specific allegation against the petitioner of assaulting father of the informant due to which he died. In the facts and circumstances of the case, I am not inclined to grant bail to the petitioner in connection with Barauni P.S. Case No. 207 of 2020 to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai.

Accordingly, prayer for bail of the petitioner is hereby rejected.

However, Trial Court is directed to expedite the Trial. (Anjani Kumar Sharan, J) GAURAV S./- U T