Chhanguri Sah @ Chhaungari Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15825 of 2019 Arising Out of PS. Case No.-40 Year-2018 Thana- SALAKHUA District- Saharsa ====================================================== CHHANGURI SAH @ CHHAUNGARI SAH Son of Kailu Sah Resident of Village - Jamalnagar, P.O- Jamalnagar, P.S.- Salkhua, Ward No. 13, Distt - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-05-2019 Heard the learned counsel for the petitioner, the informant and the learned A.P.P. for the State. The petitioner seeks bail in Salkhua (Banma Itahari O.P.) P.S. Case No. 40/2018, instituted for offences under Section(s) 341, 323, 324, 307, 504, 506 and 302 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence, while informant and her husband had gone to see the field, all the F.I.R. named accused persons started abusing. It is alleged that petitioner gave spade blow on the head and chest of husband of informant causing injury, who subsequently died. Case diary has been received, wherein post-mortem report is available. Doctor has found injury on the midline

Patna High Court CR. MISC. No.15825 of 2019(3) dt.30-05-2019 2/2 parietal part of head and also on the midline sternum. Cause of death is opined due to head injury caused by hard and blunt substance.

Learned counsel for the informant has submitted that there is direct allegation against this petitioner. Considering the fact that petitioner is the main assailant, this Court is not inclined to grant bail to petitioner. Accordingly, payer for bail of petitioner is rejected. The trial court is directed to expedite the trial and conclude the same as early as possible preferably within one year.

The petitioner will be at liberty to renew the prayer for bail in the event trial is not concluded within aforesaid period.

(Sanjay Priya, J) rakhi/- U T