Patna High Court - Orders
Suresh Kumar Chaudhary vs The State Of Bihar on 14 March, 2023
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58409 of 2022
Arising Out of PS. Case No.-223 Year-2022 Thana- PIRO District- Bhojpur
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SURESH KUMAR CHAUDHARY Son of Hareram Chaudari Resident of
village - Sanehi Tola, P.S.- Piro, District - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kashinath Singh Son of Lt. Natha Singh Residence of Balua Tola, P.S.- Piro,
Dist.- Bhojpur
... ... Opposite Party/s
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with
CRIMINAL MISCELLANEOUS No. 68352 of 2022
Arising Out of PS. Case No.-223 Year-2022 Thana- PIRO District- Bhojpur
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PINTU @ KACHHE Son of Hiralal Singh @ Heeralal Singh Resident of
Village- Balua Tola, P.S.- Piro, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 58409 of 2022)
For the Petitioner/s : Mr.Shantam Shivam
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam
(In CRIMINAL MISCELLANEOUS No. 68352 of 2022)
For the Petitioner/s : Mr.Rajani Ranjan Pd. Singh
For the Opposite Party/s : Mr.Shantanu Kumar
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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 14-03-2023Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
The petitioners are seeking regular bail in connection with Piro P.S. Case No. 223 of 2022, alleged for the offences under Section 302, 201, 120(B) of the Indian Penal Code. Patna High Court CR. MISC. No.58409 of 2022(4) dt.14-03-2023 2/3 As per allegation, petitioner Pintu @ Kachhe called the deceased Dinesh Yadav to visit dance programme. Thereafter, the accused persons named in the FIR along with two unknown persons committed murder of the deceased and concealed his dead body in the field of Kamruddin Khan.
The learned counsel for the petitioner has submitted that the petitioners are not named in the FIR and their names have figured in the statement of paragraph nos. 8 and 11 of the case diary, which contains the statement of the brother and nephew of the deceased, who were also present at the dance programme. He has submitted further that none has seen the occurrence and the witnesses whose statements have been recorded in paragraph nos. 8 and 11 of the case diary, were also watching the dance programme.
On the other hand, the learned APP has opposed the prayer for bail and submitted that in paragraph no. 8 and 11 of the case diary, it has come that these petitioners were seen along with the deceased going by a motorcycle and after that the dead body was recovered. They have submitted further that the petitioner Suresh Kumar Choudhary has given his confessional statement in paragraph no. 32 of the case diary. He has given vivid description of the occurrence, disclosing complicity of Patna High Court CR. MISC. No.58409 of 2022(4) dt.14-03-2023 3/3 himself as well as that of petitioner Pintu @ Kachhe.
In my view, the petitioners does not deserve the privileges for bail. Accordingly, their prayer for bail are hereby rejected.
(Nawneet Kumar Pandey, J)
kundan/Nirmal
U T