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Patna High CourtCR. MISC./6447/2016dismissed

Lal Babu Sahni v. The State Of Bihar

2016-04-12Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6447 of 2016 Arising Out of PS.Case No. -170 Year- 2015 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Lal Babu Sahni S/o Surendra Sahni R/o Village Bari Kothia, P.s Mushahari District Muzaffarpur.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar @ S.K.,Advocate For the Informant : Mr. Nachiketa Jha, Advocate For the State : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302, 120(B) of the Indian Penal Code registered in connection with Mushahari P.S. Case No. 170 of 2015.

3. It is submitted that the petitioner has been falsely implicated and there is no eye witness in this case. The FIR has been instituted solely on suspicion merely because the deceased was the driver of the petitioner's tractor in the past. It is submitted that the deceased died of excessive drinking.

Patna High Court Cr.Misc. No.6447 of 2016 (3) dt.12-04-2016

4. Learned APP on the basis of case diary submits that five witnesses have stated that the deceased was in the habit of excessive drinking, however, final opinion on the post mortem is still awaited.

5. In the circumstances, considering the nature of the accusation and the gravity of the offence, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.

(Vikash Jain, J) Chandran U T