Patna High CourtCR. MISC./12615/2016rejected

Rajesh Chaudhary v. The State Of Bihar

2016-05-06Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12615 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Rajesh Chaudhary, son of Baban Chaudhary, R/o Vill- Dhunaw Khalasa P.S. Nasariganj, Dist- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Akhileshwar Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Nokha P.S. Case No. 147 of 2015 registered for the offences punishable under Sections 363 and 379 of the Indian Penal Code and later on Sections 302 and 201/34 IPC has also been added. Allegedly, Bijendra Chaudhary, driver of the tractor of the informant had gone with tractor on fare at Nokha road but thereafter he did not return with the tractor. During investigation, the petitioner and three co-accused were apprehended with the said tractor and dead body of the driver was also recovered. Submission is of false implication, there is no legal and tangible material against the petitioner and without any sufficient

Patna High Court Cr.Misc. No.12615 of 2016 (3) dt.06-05-2016 2/2 material chargesheet has been submitted against the petitioner and others resulting the petitioner is suffering in custody since 22.09.2015.

The learned APP seriously opposes the prayer of bail by submitting that the petitioner and other three co-accused were apprehended with the said tractor and prayer of bail of two coaccused, namely, Narendra Kumar Singh and Shivjee Singh have already been rejected.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, serious in nature, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Nokha P.S. Case No. 147 of 2015 pending in the court of learned ACJM, Rohtas at Sasaram.

(Jitendra Mohan Sharma, J) sushma/- U T