Patna High CourtCR. MISC./9638/2024rejected

Gopi Choudhary v. The State Of Bihar

2024-04-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9638 of 2024 Arising Out of PS. Case No.-334 Year-2020 Thana- KOTWALI District- Munger ====================================================== Gopi Choudhary Son Of Laxmi Choudhary R/O Mohalla- Subhash Nagar, P.S.- Kotwali, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 334 of 2020, lodged on 08.11.2020 under Sections 341, 323, 307, 504, 302, 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 2 named accused persons including the present petitioner. The allegation against the present petitioner is that he has assaulted the informant with the lathi on her head causing head injury and subsequently, during the treatment, the informant died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the criminal antecedent of the petitioner is

Patna High Court CR. MISC. No.9638 of 2024(3) dt.16-04-2024 2/2 clean and he is in custody since 05.01.2021. Counsel also submits that three years have already been crossed and there is no progress in the trial.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that from the contents of the FIR, it becomes crystal clear that the informant has alleged direct allegation against the petitioner of assault which subsequently resulted into the death of the informant.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Kotwali P.S. Case No. 334 of 2020, pending before the learned Additional Sessions Judge 2nd , Munger is hereby rejected.

8. The Trial Court is directed to expedite the trial. (Dr. Anshuman, J.) Divyansh/- U T