Dismissed

Jamadar Choudhary and Ors. v. The State Of Bihar

Patna HC9 Jan 2020CR. MISC./45292/2016

Case brief

AI extract

What is this about?

The petitioners, accused persons, challenged the order of cognizance in a criminal case alleging murder. The High Court reiterated that meticulous appreciation of evidence is impermissible at this stage, as the reliability of the informant and corroboration from medical evidence are matters for trial. The application was accordingly dismissed.

What did the court decide?

The petition challenging the order of cognizance is dismissed.

Jamadar Choudhary and Ors. Vs The State… — Constitutional and Fundamental Rights | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45292 of 2016

¶2

Arising Out of PS. Case No.-366 Year-2015 Thana- JOGAPATTI District- West Champaran

¶3

======================================================

¶4

Jamadar Choudhary Son of Late Lakhan Choudhary

¶5

Dharmendra Choudhary

¶6

Sugriv Choudhary @ Sugrim Choudhary

¶7

Both sons of Jamadar Choudhary All Residents of Village Bharatha Patti, P.S. Yogapatti, Nawalpur, District- West Champaran.

¶8

... ... Petitioner/s

¶9

Versus

¶10

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ======================================================

¶11

... ... Opposite Party/s

¶12

CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 09-01-2020

¶13

Heard learned counsel for the parties.

¶14

Petitioners are accused in connection with Yogapatti (Nawalpur) P.S. Case No.366 of 2015. They have challenged the order of cognizance dated 01.07.2016 passed by the learned Additional Chief Judicial Magistrate-II, Bettiah, West Champaran, whereby cognizance has been taken under Section 147/149/302 of the Indian Penal Code on the basis of police report submitted under Section 173 Cr.P.C.

¶15

According to FIR, all the FIR named accused persons, eight in number, including the petitioners assaulted to the father of the informant, as a result whereof father of the

¶16

Patna High Court CR. MISC. No.45292 of 2016 dt.09-01-2020 2/2

¶17

informant died.

¶18

Challenge is on the ground that the informant

¶19

had not stated the manner of occurrence. He has not stated that what weapon was used for assault by which accused. The viscera report has not been received in the case. The post mortem report reveals that the doctor found that the cause of death was hemorrhage caused by hard and blunt substance.

¶20

The law is well settled that meticulous appreciation of evidence is not permissible at this stage. The informant claims to be an eyewitness of the occurrence. Whether informant is reliable or not or whether his statement find corroboration from medical evidence or not is a matter of trial. Hence, this application has no merit. Accordingly, it is dismissed.

¶21

(Birendra Kumar, J)

¶22

Mkr./-

¶23

AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	10.01.2020
Transmission Date	10.01.2020

Jamadar Choudhary and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jamadar Choudhary and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Prashant Kumar Poddar Vs the State of Bihar and Anr.

Shailendra Kumar @ Pappu Kumar Vs The State Of Bihar

Nurudin Miyan and Ors. Vs State Of Bihar and Anr.

Anant Chandra Nandi Vs The State Of Bihar Through Director General , Bihar Police Having Its Office At Old Secretariat, Pa

Lalan Kumar Vs The State Of Bihar and Ors.

Saryulal Shastri and Ors. Vs State Of Bihar and Anr.