Lakshan Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19771 of 2021 Arising Out of PS. Case No.-514 Year-2020 Thana- SUPAUL District- Supaul ====================================================== LAKSHMAN SADA Son of Dinesh Sada Resident of Mohalla - Simra, Ward No. 12, P.S.- Supaul, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-03-2022 A supplementary affidavit, carrying out necessary correction in the main application, has been filed on behalf of the petitioner, which forms part of this application. Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Supaul P.S. Case No. 514 of 2020 registered for the offence under Sections 302 of the Indian Penal Code.

The brother of the informant is said to have been killed by the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He

Patna High Court CR. MISC. No.19771 of 2021(6) dt.08-03-2022 2/3 further submits that it is apparent from the F.I.R. itself that wife of the petitioner was killed by the deceased and due to that local villager became out of control and assaulted the deceased. He further submits that the petitioner has also filed a case bearing Supaul P.S. Case No. 513 f 2020 against the brother of the informant for brutal killing of his wife. The petitioner is rotting in judicial custody since 25.07.2020. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that it is crystal clear from the F.I.R. itself that the petitioner gave multiple blow from Dabiya on the face and neck of the deceased as a result of which the brother of the informant died.

He further submits that a report with regard to stage of the trial has been received which clearly depicts that substantial progress of trial is going on as altogether five witnesses have been examined in this case and the informant and the I.O. have also been summoned by the court for their examination. He further submits that the trial of case is likely to be concluded in near future, hence, the petitioner may not be enlarge on bail.

Considering the facts and circumstances of the case and the rival submission of the parties and also the stage of

Patna High Court CR. MISC. No.19771 of 2021(6) dt.08-03-2022 3/3 the trial, this Court is not inclined to grant the privilege of bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

However, learned trial court is directed to expedite the trial.

(Rajesh Kumar Verma, J) brajesh/- U T