Jaimesh Sahani @ Jai Umesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1819 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== JAIMESH SAHANI @ JAI UMESH SAHANI Son of Late Dasai Sahani Resident of Village- Vaishali Machua Toli, P.S. + Dist- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 302/34 of the Indian Penal Code. As per the prosecution case, on 01.01.2021 at about 7:00 PM, when son of informant demanded his labour charge from petitioner, a dispute arose between them and thereafter, this petitioner assaulted the son of informant by means of fists and slaps as a result of which, son of informant got injury and on way to P.M.C.H., Patna, he died.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to village politics. In fact, son of informant was addicted to liquor, due to which, he was suffering from liver disease and died due to said ailment. Petitioner is in custody since 08.09.2021.

Patna High Court CR. MISC. No.1819 of 2022(3) dt.26-04-2022 2/2 However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner of assaulting the deceased and doctor has also found ante-mortem injury on the person of deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J) anay/- U T