High Court Patna High Court - Orders

Shankar Kumar Choudhary vs State Of Bihar on 3 December, 2010

Patna High Court – Orders
Shankar Kumar Choudhary vs State Of Bihar on 3 December, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CR. APP (SJ) No.838 of 2009
                     SHANKAR KUMAR CHOUDHARY
                                  Versus
                            STATE OF BIHAR
                                 -----------

04. 03.12.2010 Heard the bail prayer of the appellant after

receipt of the L.C.R.

The appellant stands convicted under

Section 307 of I.P.C. and sentenced to R.I. for ten

years and fine of Rs.5,000/-.

The allegation and evidence is that this

appellant caused dagger blows causing two

injuries though simple in nature to the informant and

appellant was apprehended and handed over to the

police by the villagers.

Learned counsel submits that during trial

appellant was remained in custody for 13 months and

thereafter he remained in custody since 27.07.2009

i.e the date of judgment and thus he remained in

custody for two and half years.

In the facts and circumstances of the case, I

do not feel inclined to allow bail to the appellant for

the present; hence, his bail prayer is refused.
2

However, if so advised, he may renew his prayer for

bail after completion of three years of total period of

incarceration.

(C.M. Prasad, J.)

Mkr.