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Patna High CourtCR. MISC./23262/2024bail rejected

Rudal Sahni v. The State Of Bihar

2024-04-15Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23262 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Rudal Sahni, Male, aged about 46 years, Son Of Late Mauje Sahni, R/OPakari Dih, Ward No. 8, P.S.-Kalyanpur, Distt.-Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

As per allegation in the FIR, the petitioner and other co-accused persons brutally assaulted the victim on head and other parts of body by means of axe, lathi, danda and also snatched his mobile phone.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has got clean antecedent and he is in custody since 11.12.2023.

Patna High Court CR. MISC. No. 23262 of 2024(2) dt.15-04-2024 2/2 Learned APP for the State opposes the prayer for regular bail of the petitioner.

On perusal of the first information report, injury report and impugned order dated 22.01.2024, it appears that the petitioner was assaulted by axe on the head of Umesh Sahni due to which four cut injuries was caused by repeated blow to him and the other two victims were also assaulted by the petitioner and co-accused persons, considering the fact that the victims were assaulted on head with axe and butt of pistol, I am not inclined to grant bail to the petitioner.

Prayer for regular bail of the petitioner is hereby rejected.

However, the trial Court is directed to conclude the trial within a period of six months from the date of receipt of a copy of this order and if the trial is not concluded within the said period, then the petitioner may renew his prayer for regular bail before the trial court.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T