Rajesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73148 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- SRINAGAR District- West Champaran ====================================================== Rajesh Chaudhary S/O Harindra Chaudhary @ Harendar Chaudary R/VMalahi Tola, P.S.- Bairiya, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner is that due to verbal quarrel, he pointed air-gun at the neck of the son of informant and fired, due to which informant's son succumbed to injuries.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.73148 of 2022(3) dt.04-05-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no eye witness of the alleged offence. During investigation, some witnesses have given contrary statement and have no consonance with the prosecution version of the case. Moreover, the petitioner is languishing in judicial custody since 13.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that there is specific over act of allegation levelled against the petitioner to shot at the son of informant due to which he died instantly. Postmortem report corroborates with the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the

Patna High Court CR. MISC. No.73148 of 2022(3) dt.04-05-2023 3/3 trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T