Patna High CourtCR. MISC./13713/2016rejected

Birbal Sahani v. The State Of Bihar

2016-04-29Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.13713 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13713 of 2016 Arising Out of PS.Case No. -112 Year- 2015 Thana -LAKHAURA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Birbal Sahani Son of Mosi Sahani Resident of Village- Ajgarawa, PS Lakhaura, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Kr.Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-04-2016 Heard learned counsel for the petitioner, learned counsel for the inforamnt and the learned A.P.P. for the State. The petitioner is accused in connection with Sessions Trial No. 35 of 2016 arising out of Lakhaura P.S. Case No.112/2015 registered under Sections 341, 384, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is of making demand of ransom of Rs. 5000/- on 14.04.2015 by the petitioner. On 15.04.2015 while the informant Tajan Sahni left house for Kathmandu, on the way, this petitioner having armed with country made pistol shot fire from behind, causing injury on left side of the chest of the informant and fled away with two unknown persons. The

Patna High Court Cr.Misc. No.13713 of 2016 (3) dt.29-04-2016 informant also identified the petitioner.

Learned counsel for the petitioner submits that the petitioner and informant are co-villagers and due to land dispute he has been falsely implicated in this case. He has further submitted that the petitioner is in custody since 08.05.2015 and he has no criminal antecedent.

Taking into consideration the facts and circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner stands rejected.

(Rajendra Kumar Mishra, J.) Amit/- U T