Nandan Kumar @ Nandan Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27567 of 2017 Arising Out of PS.Case No. -205 Year- 2015 Thana -TEGHRA District- BEGUSARAI ====================================================== Nandan Kumar @ Nandan Chaudhary, Son of Suresh Singh, resident of Village- Moktiyarpur, Police Station- Bhagwanpur, District- Begusarai, Presently residing at Ward No. 13, behind Alka Cinema, Police StationTown, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 25.11.2015 in connection with Sessions Trial No. 62 of 2017 arising out of Teghra P.S. Case No. 205 of 2015 for offences punishable under Sections 302/120B of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that while her husband Ram Shankar Jha had gone to Teghra civil court as a witness and while returning he was shot by two

Patna High Court Cr.Misc. No.27567 of 2017 (5) dt.24-11-2017 2/3 criminals who alighted in the bus, killed and fled away. As many as 13 persons were made accused including the petitioner and because of rivalry and criminal cases for which the petitioner and other accused persons were pressurizing the husband of the informant to withdraw the same.

It has been submitted by the learned counsel for the petitioner that he is innocent, there is no eye witness to the alleged occurrence and that he has been falsely implicated in the aforesaid case. He submits that trial is going on and he is ready to cooperate in the trial on day to day basis. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a veteran criminal and as many as 15 cases are pending against him some of similar nature. In this regard, a report was called for from the court of the learned Additional Sessions Judge-IV, Begusarai as to the stage of trial which has been received and it has been stated that out of seven witnesses three has been examined.

Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Sessions Trial No. 62 of 2017 arising out of Teghra P.S. Case No. 205 of 2015, pending in the court of learned Additional Sessions Judge-IV,

Patna High Court Cr.Misc. No.27567 of 2017 (5) dt.24-11-2017 3/3 Begusarai.

The application is, accordingly, rejected. However, the petitioner may renew his prayer for bail after three months, if trial is not concluded at that time.

(Nilu Agrawal, J) Devendra/- U T