Dismissed

Deepak Choudhary v. The State of Bihar

Patna HC18 Nov 2021CR. MISC./26923/2021

Case brief

AI extract

What is this about?

In criminal miscellaneous proceedings arising from a case of death caused during assault, the single judge deprived the petitioner of regular bail. The court accepted the prosecution's specific allegation of assault with an iron rod against the petitioner despite the absence of independent witnesses supporting the case.

What did the court decide?

Prayer for regular bail is refused and the petitioner remains in custody.

Deepak Choudhary Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26923 of 2021

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Arising Out of PS. Case No.-601 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai

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

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DEEPAK CHOUDHARY S/o Late Hare Ram Choudhary R/o village- Lakho, P.S.- Mufassil (Lakho O.P.), District- Begusarai

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 18-11-2021

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Heard learned counsel for the petitioner, the State

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and the informant.

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The petitioner seeks regular bail registered for the offences punishable under sections 302/34 and other sections of the Indian Penal Code.

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As per the prosecution case, informant’s brother was doing trade of Coconut and accused persons demanded rangdari from him. On 8.11.2020 this petitioner and co-accused Dhiraj armed with iron rod and Khanti along with 6 to 7 unknown accused persons assaulted the brother of the informant as a result of which he died during treatment.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

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Patna High Court CR. MISC. No.26923 of 2021(3) dt.18-11-2021 2/2

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case. There is general and omnibus allegation of assault against all the accused persons and specific allegation of assault is against co-accused Dhiraj Chaudhary. During investigation no independent witness has supported the prosecution case. There was money dispute between the parties. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 4.1.2021.

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Learned counsel for the State and the informant oppose the prayer for bail and submit that there is specific allegation of assault by iron rod against the petitioner and post mortem report also reveals that the victim had sustained multiple injuries on his body.

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Considering the nature of accusation against the petitioner, his prayer for bail is refused.

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(Prabhat Kumar Singh, J)

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shashi/-

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U T

Deepak Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deepak Choudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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