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Patna High CourtCR. MISC./66890/2018dismissed

Nanhak Choudhary v. The State Of Bihar

2018-12-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66890 of 2018 Arising Out of PS. Case No.-1857 Year-2017 Thana- SASARAM NAGAR District- Rohtas ====================================================== Nanhak Choudhary, Son of Raj Kumar Choudhary, Resident of MuhallaKhirkighat, P.S.- Sasaram, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. D.K. Sinha, Sr. Advocate, Mr. Abhinay Raj, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh Mr. Sanjay Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-12-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Petitioner seeks bail in Sessions Trial No.266 of 2018 arising out of Sasaram (Town) P.S. Case No. 1857 of 2017 instituted for the offence under Section(s) 302, 386/34 Indian Penal Code and Section 27 of the Arms Act, is pending in the court of Additional District and Sessions Judge, III, Rohtas at Sasaram.

It is alleged that this petitioner has fired shot at the temple of Mahatab Alam, who became seriously injured. He was taken to Sasaram Sadar Hospital and also to Varanasi where he died.

Case diary has been received along with postmortem report.

Patna High Court Cr.Misc. No.66890 of 2018(3) dt.18-12-2018 2/2 The Doctor in the postmortem report has found lacerated wound over right eye-brow. Cause of death has been opined by the doctor to be haemorrhage and shock caused by gun shot injury.

Petitioner is main assailant.

In the facts and circumstances of the case, this Court does not find it a fit case for grant of bail. Prayer of the petitioner for grant of bail is rejected. It is stated that petitioner is in custody since 08.01.2018.

The trial Court is directed to expedite the trial and make all 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.

Liberty is given to the petitioner to renew his prayer for bail after nine months if no substantive progress is made in the trial.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

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