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Patna High CourtCR. MISC./50326/2015rejected

Binod Sahni v. The State Of Bihar

2016-02-09Mr. Justice Gopal Prasad2 pages

Patna High Court Cr.Misc. No.50326 of 2015 (4) dt.09-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50326 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -SIDHWARA District- DARBHANGA ====================================================== Binod Sahni Son of Sri Rajendra Sahni resident of village - Agayaspur, P.S. Singhwara, District - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manish Kumar No 13, Advocate. For the Opposite Party : Mr. Rajendra Singh Shastri(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for grant of regular bail in a case under Sections 302, 120(B)/34 of the Indian Penal Code. It is alleged that Chulhai Bhagat gave his fardbeyan that on 13.06.2014 three persons namely Dulare, Istekhar and Birendra Sahni came and told him that his son namely Pradip Bhagat has been stabbed by knife, while he was grazing shebuffalo in Chaur. Subsequently, his daughter went at place of occurrence and found his son dead.

It is alleged that the informant is not an eyewitness to the alleged occurrence, but he has stated that he learnt about the occurrence from three persons, namely, Dulare, Istekhar and

Patna High Court Cr.Misc. No.50326 of 2015 (4) dt.09-02-2016 Birendra Sahni, and they have supported the occurrence claiming to be the eyewitnesses and the corresponding injuries were also found on the deceased.

Having regard to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail on behalf of the petitioner is hereby rejected in connection with Singhwara P.S. Case No.118/2014 pending in the court of Sri B.K.Singh, Judicial Magistrate, 1st Class, Darbhanga.

The learned trial court is directed to expedite the trial for early disposal of the case.

(Gopal Prasad, J.) Amit/- U T