Vikash Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58006 of 2018 Arising Out of PS. Case No.-1900 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Vikash Choudhary son of Raj Kumar Choudhary resident of Mohalla - Khidkighat, P.S. - Sasaram Town, District Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhinay Raj For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Sasaram (Town) P. S. Case No. 1900 of 2017 instituted for the offence under Section(s) 341, 323, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms. Later on Section 302 of the IPC was added.

In the written report, there is allegation that one Nanhak Choudhary fired with katta on the father of informant but informant's father fell down on the ground and saved himself. It is further alleged that co- accused Vikash Choudhary and Banti Gour assaulted the father of informant with brick, stone etc. on his head, on account of which, he sustained

Patna High Court Cr.Misc. No.58006 of 2018(3) dt.05-12-2018 2/3 serious head injury. The father of informant subsequently succumbed to the injuries. It is also alleged in the written report that earlier also accused Nanhak Chaudhary along with this petitioner caused fire arm injury to the father of informant for which separate case is pending vide Sessions Trial No. 484 of 2016.

Case diary has been received, wherein, the postmortem report of the father of the informant (deceased) is available.

The doctor has opined the cause of death to be head injury. From the written report itself it appears that earlier also accused persons had made attempt to cause death of father of the informant by fire arm for which separate case is pending. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

Learned counsel for the petitioner has submitted that charge has already been framed.

Trial Court is directed to expedite the trial and make efforts to conclude the trial as early as possible preferably within a period of nine months from the date of receipt of copy of this order.

Patna High Court Cr.Misc. No.58006 of 2018(3) dt.05-12-2018 3/3 Petitioner may renew his prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T