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Patna High CourtCR. MISC./63233/2017rejected

Ravi Chaudhary @ Ravi Shanker v. The State Of Bihar

2018-08-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63233 of 2017 Arising Out of PS.Case No. -167 Year- 2017 Thana -SULTANGANJ District- PATNA ======================================================

1. Ravi Chaudhary @ Ravi Shanker S/o Mithlesh Chaudhary @ Mahendra Chaudhary, R/o Transport Nagar, P.S.- Agamkuan, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 307, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act and later on Section 302 of the Indian Penal Code was added. The informant is father of the deceased.

Occurrence of murder took place near his house. According to FIR, soon after hearing the sound of firing, informant came out and saw that this petitioner and co-accused-Alok Kumar were fleeing. The son of the informant, who had sustained firearm injury, informed that both had fired at him, causing injury at the stomach.

The petitioner is in custody since

Patna High Court Cr.Misc. No.63233 of 2017 (8) dt.21-08-2018 2/2 14.08.2017. Petitioner has got criminal antecedent. All of serious offences of dacoity etc.

Submission of the learned counsel for the petitioner is that there is serious contradiction in the statement of the mother of the deceased and his brother, as they have stated before the police that the deceased disclosed that three persons had fired at him, whereas the Doctor has found single firearm injury at the stomach. Considering the nature of allegation against the petitioner as discussed above, I am not inclined to enlarge him on bail for the present in connection with Sultanganj Police Station Case No. 167 of 2017 pending in the court of learned A.C.J.M., Patnacity, DistrictPatna/successor court.

Hence, prayer for bail is refused.

The learned trial court is directed to expedite the trial and conclude the same preferable within nine months from the date of receipt/production of a copy of this order.

The trial of the petitioner may be separated, if the situation so requires.

(Birendra Kumar, J) Nitesh/- U T