Deo Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13047 of 2023 Arising Out of PS. Case No.-54 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== DEO KUMAR SAHNI Son of Indal Sahni Resident of Village- Basahi Bhindi @ Gunai Basahi, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2023 This matter was taken up on 29.3.2023 and though there is specific allegation against the petitioner that he asked water from the deceased Sonu Kumar and upon his denial, opened fire which hit his head, he died on the spot, it was submitted by the learned Senior Counsel for the petitioner who appeared on that day that during the investigation, the case look a different route and it has come that it was the case of joyous firing and there was no intention to kill the boy. Accordingly, the case diary was called for which has since been received.

The Supervision note of the Dy.S.P. is at para-21 and the S.P. at para-29 and as per it, the prosecution case has been fully supported by both the officials.

The case has already reached the commitment stage as

Patna High Court CR. MISC. No.13047 of 2023(4) dt.19-07-2023 2/2 per letter no. 34 dated 18.3.2023 sent by the Court of learned Additional Sessions Judge-XI, Vaishali at Hajipur. In view of the aforesaid facts as also that there is direct allegation of killing an innocent Sonu Kumar upon denial of water, no relief can be granted to the petitioner and thus the bail application stands rejected.

The trial Court is directed to expedite and conclude the same preferably within a period of one year. (Rajiv Roy, J) Ravi/- U T