Patna High CourtCR. MISC./3533/2025bail rejected

Brajesh Sahni v. The State Of Bihar

2025-05-13Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3533 of 2025 Arising Out of PS. Case No.-57 Year-2024 Thana- MAHINDWARA District- Sitamarhi ====================================================== Brajesh Sahni S/o Sri Yogi Sahni R/o Village- Baluaa, P.S.- Mahindwara, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP For the Informant :

Mr. Ayush Kumar, Adv.

Mr. Priyanshu Kr. Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-05-2025 Heard learned counsel for the petitioner, learned A.P.P for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Mahindwara P.S. Case No. 57 of 2024 dated 12.05.2024 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the date of occurrence while the son of the informant was sleeping with his brother, the accused persons including the petitioner committed murder of his son by means of Dabiya, sword and knife. The accused persons were seen fleeing away from the house of the informant.

Patna High Court CR. MISC. No.3533 of 2025(4) dt.13-05-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the allegation against the petitioner is general and omnibus and there is no eye witness to the occurrence to support the factum of the allegation. It is submitted that no eye witness has been examined till date. Lastly, it has been submitted that the petitioner is in custody since 16.05.2024, having two criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State as well as learned counsel for the informant oppose the prayer for bail of the petitioner and submitted that the petitioner and other coaccused persons were seen fleeing away from the house of the informant holding sharp cutting weapons in their hand. It is submitted that the post-mortem report shows that three injuries were found on the persons of the deceased which were caused by heavy sharp cutting weapon.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner at this

Patna High Court CR. MISC. No.3533 of 2025(4) dt.13-05-2025 3/3 stage.

7. Accordingly, the prayer of the petitioner for grant of bail is rejected.

8. The learned Trial Court is directed to take all endeavour to conclude the trial within nine months from the date of receipt/production of a copy of this order without granting any necessary adjournment.

9. This application stands dismissed.

(Khatim Reza, J) prabhat/- U T