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Patna High CourtCR. MISC./80586/2018rejected

Raju Sahni v. The State Of Bihar

2019-02-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80586 of 2018 Arising Out of PS. Case No.-136 Year-2018 Thana- CHIRAIYA District- East Champaran ====================================================== Raju Sahni, son of Geman Sahni, resident of village Akauna,, P.S. Chiraiya, District East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambuj Kumar Chandra, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chiraiya P.S. Case No. 136 of 2018 registered under Sections 341, 342, 323, 324, 326-A, 379, 447, 448, 504 and 506/34 of the Indian Penal Code. Petitioner is said to have assaulted the informant by means of sharp edge weapon and also poured acid upon Dulari Devi and Rima Devi.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence and has no concern with the aforesaid occurrence. He has been falsely implicated in this case at the instance of his enemy. The injuries found on the person of the

Patna High Court Cr.Misc. No.80586 of 2018(3) dt.20-02-2019 2/2 victim are simple in nature and more so no sharp cut injury was found on the person of the informant. The petitioner has been languishing in custody since 23.04.2018.

On the other hand, learned APP for the State vehemently opposing the bail petition submitted that though the injury of the informant has been inflicted by hard blunt substance but the acid burn injuries have been found on the various parts of the person of victims, hence the petitioner does not deserve bail.

In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Prakash Chandra Jaiswal, J) Trivedi/- U T