Patna High CourtCR. MISC./2100/2020dismissed

Kanhaiya Sahni @ Kanahaiya Sahni v. The State Of Bihar

2020-05-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2100 of 2020 Arising Out of PS. Case No.-14 Year-2013 Thana- CHHATAUNI District- East Champaran ====================================================== KANHAIYA SAHNI @ KANAHAIYA SAHNI S/o Bhuneshwar Sahani R/o village- Chota Bariyarpur, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

28-05-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Chhatauni P.S. Case No. 14 of 2013, registered for the offence under Sections 341, 323, 324, 504/34 of the Indian Penal Code. Later on, Sections 307 and 302 of the I.P.C. were added.

As per First Information Report, the allegation against the petitioner is that he gave iron rod blow on the head of the deceased, which caused cut injury and blood started oozing out. It is submitted on behalf of petitioner that there is general and omnibus allegation against the petitioner and Sections 307 and 302 of the Indian Penal Code have been added after eight months of the occurrence. It is also submitted on behalf of petitioner that post-mortem report is not available on

Patna High Court CR. MISC. No.2100 of 2020(4) dt.28-05-2020 2/2 record. On aforesaid ground, he prays for granting bail to the petitioner, who is in custody since 22-11-2019. However, counsel for the State vehemently opposed the prayer for bail. He submits that there is specific allegation against the petitioner of assaulting the informant on his head, who subsequently died. Learned A.P.P. further submits that petitioner has got criminal antecedent also.

After hearing both parties as well as considering the fact that there is specific allegation against the petitioner of giving iron rod blow on the head of the informant, who subsequently died due to head injury, I am no inclined to extend the privilege of bail to the petitioner.

The bail application stands dismissed.

(Prabhat Kumar Singh, J.) anay U T