Shyam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19952 of 2021 Arising Out of PS. Case No.-124 Year-2019 Thana- DEODHA District- Madhubani ====================================================== SHYAM SAH Son of Late Maheshwar Sah Resident of Village- Pithwa Tol, P.S.- Deodha, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 504, 290/34 of the Indian Penal Code. Later on added under Section 302 of the I.P.C., Section 27 of the Arms Act and Section 37(c) of the Bihar Prohibition and Excise Act, 2016.

Earlier, bail application of the petitioner was rejected vide order dated 14.05.2020 passed in Cr. Misc. No. 4600 of 2020.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19952 of 2021(3) dt.25-10-2021 2/2 petitioner is innocent and has been falsely implicated in this case. He submits that deceased received injury in some other way and some other manner and due to existing land dispute, petitioner has been made accused in this case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 11.09.2019.

Considering the facts and circumstances of the case and the fact that no new ground has been taken by the petitioner in the present bail application, I am not inclined to enlarge the petitioner on bail. Accordingly, bail application of the petitioner is rejected in connection with Deodha P.S. Case No. 124 of 2019, G.R. No. 1711 of 2019 pending before the court of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise Act, Madhubani.

Accordingly, this application is dismissed. However, trial court is directed to expedite the trial. (Anjani Kumar Sharan, J) devendra/- U T