Anil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52410 of 2022 Arising Out of PS. Case No.-276 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== Anil Chaudhary Son Of Late Parikshan Chaudhary R/V- Charkhutti, Rahimpur, P.S- Muffassil, Dist- Khagaria, At Present Residing At MohallaJai Prakash Nagar, Ward No. 23, P.S- Muffassil, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 302, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of commission of murder of the husband of the informant. It is specifically alleged against this petitioner that he crushed her husband by driving tractor over his body resulted into his dead.

Patna High Court CR. MISC. No.52410 of 2022(3) dt.18-03-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The F.I.R. has been lodged against ten named and five unknown accused persons. The victim himself was a veteran criminal as 14 criminal cases where lodged against him and he might be killed by some other persons. The petitioner was implicated in this case due to the previous enmity with the petitioner's side. The petitioner is languishing in custody since 28.05.2022.

Learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that there is specific allegation against the petitioner that he crushed the victim by driving tractor over his body as a result of which he died. The independent witnesses during the course of investigation have also supported the case of the prosecution. The postmortem report also suggests

Patna High Court CR. MISC. No.52410 of 2022(3) dt.18-03-2023 3/3 the cause of death as Chronic Renal Failure(CRF) due to injuries caused by heavy blunt substance.

Considering the fact that there is specific accusation against the petitioner to have crushed the victim by driving tractor over his body as a result of which, he died, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same expeditiously.

(Sunil Kumar Panwar, J) Shageer/- U T