Khushi Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19115 of 2021 Arising Out of PS. Case No.-179 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== Khushi Lal Sah Son of Late Jagdish Sah Resident of Village- Alamnagar, Police Station - Alamnagar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Pushpa Sinha, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2021 Heard the learned counsel for the petitioner and Sri Umesh Lal Verma, the learned APP for the State. The petitioner seeks regular bail in connection with Alamnagar PS case no. 179 of 2019 instituted for the offences punishable under Sections 302, 307 and other sections of Indian Penal Code. Earlier, the petitioner had approached this Court along with the co-accused persons for grant of bail and this Court by an order dated 18.03.2020, passed in Cr. Misc. no. 83868 of 2019 had though granted bail to the other two

Patna High Court CR. MISC. No.19115 of 2021(3) dt.15-09-2021 2/3 co-accused persons but as far as the petitioner herein is concerned, the learned counsel for the said petitioner had sought to withdraw the case and accordingly, the petition was dismissed as not pressed.

The case of the prosecution in brief is regarding the accused persons having assaulted the informant, the father of the informant and other family members and as far as the petitioner is concerned, he is stated to have assaulted the deceased father of the informant resulting in his death. So far as the co-accused persons are concerned, they are not alleged to have engaged in inflicting any grievous injury on the persons of the prosecution side and the death of the deceased is attributable to the petitioner herein.

The learned counsel for the petitioner has submitted that there is no direct allegation against the petitioner and the petitioner is languishing in custody since 09.07.2019. Per contra, the learned A.P.P. for the State Sri Umesh Lal Verma, Advocate has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the death of the

Patna High Court CR. MISC. No.19115 of 2021(3) dt.15-09-2021 3/3 deceased is attributable only to the petitioner herein, I do not find any merit in the present petition, especially considering the accusation and gravity of the offence committed by the petitioner, hence the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T