Teni Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17351 of 2020 Arising Out of PS. Case No.-323 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== TENI SAH Son of Mahesh Sah Resident of Village - Aagu Chhapra, P.S.- Siwan Town, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-07-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Town P.S. Case No. 323 of 2019 for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the occurrence took place on 18.05.2019 whereas the written complaint has been filed on 26.05.2019 after lapse of seven days without explaining the plausible delay which creates doubt over the prosecution version. The petitioner is rotting

Patna High Court CR. MISC. No.17351 of 2020(3) dt.06-07-2020 2/2 in judicial custody since 03.01.2020.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that there is direct allegation of giving sword blow on the head of the informant against the petitioner and the injury also supports the allegation levelled in the F.I.R, which is evident from paragraph-23 of the case diary.

Considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of this petitioner has been rejected.

(Arvind Srivastava, J) brajesh/- U T