Nandu Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20030 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- PARASBIGHA District- Jehanabad ====================================================== NANDU MOCHI SON OF BALKESHWAR R/O VILLAGE- KENDUI, P.S.- PARAS BIGHA, DISTRICT- JEHANABAD.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Sharma, Adv.

For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-10-2021 Heard the parties.

The petitioner seeks bail in connection with Paras Bigha P.S. Case No.88 of 2020, registered for the offence punishable under Sections 147, 149, 341, 323, 324, 307, 379, 504, 506 of the IPC and later on section 302 IPC was also added. The prosecution case in short is that due to previous enmity, altercation took place between the petitioner and informant's side in which the petitioner thrown the informant on the ground. Thereafter family members of petitioner entered into the informant's house and assaulted the informant and his family members but somehow the informant fled away. It is alleged that the accused persons including the petitioner assaulted mother, sister and grandmother of the informant with lathi and knife and also looted ornaments and other articles from

Patna High Court CR. MISC. No.20030 of 2021(3) dt.27-10-2021 2/2 the house of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No offence as alleged has ever taken place. The prosecution story is false, fabricated and concocted one. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 6.6.2020.

Learned APP for the State opposed the prayer for bail by submitting that from para-8 of the case diary, it is clear that there is specific overt act against the petitioner of hitting by knife.

Considering the facts and circumstances of this case, I am not inclined to grant bail to the petitioner named above, as such the prayer for bail of the petitioner is hereby rejected. However, learned trial court is directed to expedite the trial.

(Anjani Kumar Sharan, J) pallavi/- U T