Nitish Kumar @ Nitesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2794 of 2024 Arising Out of PS. Case No.-102 Year-2022 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== Nitish Kumar @ Nitesh Chaudhary S/O- Late Kapil Choudhary R/oMahdipur Ps- Ghoshi Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Barabar Tourist Police Station Case No. 102 of 2022, registered for the offence punishable under Section 302/34 of the Indian Penal Code.

3. The petitioner and others accused persons are said to have killed the deceased. The petitioner pressed the neck of the deceased and the post-mortem report supports the allegation against the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated due to election dispute. He has tried to make out a case that the

Patna High Court CR. MISC. No.2794 of 2024(2) dt.24-01-2024 2/2 deceased has died somewhere else and this false case has been registered. The petitioner is in jail since 18.09.2023.

5. Learned counsel for the respondent opposed the prayer for bail and submits that the petitioner is the main assailant of the deceased.

6. Considering the direct allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner. This application is dismissed.

7. The trial Court is directed to expedite the trial. (Sandeep Kumar, J) sanjeev/- U T