Laxmi Chaudhari @ Laxmi Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71871 of 2024 Arising Out of PS. Case No.-17 Year-2000 Thana- SALAKHUA District- Saharsa ====================================================== Laxmi Chaudhari @ Laxmi Choudhary S/o- Late Narwhingh Chaudhary Village- Ghormaha PS-Salkhua, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Salkhua P.S. Case No. 17 of 2000, instituted for the offences punishable under Sections 364, 365, 448, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, four unknown miscreants entered the house of the informant and kidnapped his son with an intention to murder and after going some distance they made firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.71871 of 2024(3) dt.21-11-2024 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation on the basis of suspicion. It is further submitted that the victim has not been recovered from the possession of the petitioner. The petitioner is in custody since 23.02.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is also submitted that the victim in his statement recorded under Section 164 Cr.P.C. has specifically stated that the petitioner along with other co-accused persons have kidnapped him. The statement of the witnesses recorded under Section 161 Cr.P.C. vide para-10, 11 and 12 of the case diary have supported the case of the prosecution and have also supported the kidnapping of the victim. It is further submitted that there is specific allegation of kidnapping the victim against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.71871 of 2024(3) dt.21-11-2024 3/3

7. The prayer is rejected. The trial Court is directed to expedite the Trial expeditiously.

(Rudra Prakash Mishra, J) Rajorshi/- U T