Rozy Mian v. The State Of Bihar

Patna High Court Cr.Misc. No.12289 of 2016 (3) dt.04-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12289 of 2016 Arising Out of PS.Case No. -459 Year- 2015 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Rozy Mian Son of late Jan Mian Resident of Village- Ojha Mathiya PS Majhaulia,District West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ajay Kr. Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner, learned A.P.P. representing the State and learned counsel for the informant. The petitioner seeks bail in connection with Majhauliya P.S. Case No. 459 of 2015 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504 and 302 of the Indian Penal Code.

The petitioner and other six FIR named accused persons being armed with Lathi and Fatha started assaulting Jangbahadur Sah the informant brutally, resulting he became seriously injured, he was brought for treatment but during treatment the informant died.

Submission is of false implication and that there is case and counter case, several persons from the side of the petitioner have also received injuries, there is no specific allegation against

Patna High Court Cr.Misc. No.12289 of 2016 (3) dt.04-05-2016 the petitioner, during postmortem only two injuries have been found and further cause of death is due to Septicemia and Hepatic disorder and, as such, the petitioner who is suffering is custody since 10.01.2016, deserves sympathetic consideration to which the learned APP duly assisted by the learned counsel for the informant seriously opposes by submitting that seven injuries were found on the person of the informant which is evident from the injury report issued by Medical Officer, PHC, Majhauliya, West Champaran and, as such, the petitioner does not deserve bail as he is the main accused.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner, at this stage, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Majhauliya P.S. Case No. 459 of 2015 pending in the court of learned CJM, Bettiah, West Champaran.

However, let the trial be expedited and concluded within six months failing which the petitioner if at no fault, may renew his prayer for bail.

(Jitendra Mohan Sharma, J) sushma/- U T