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Patna High CourtCR. MISC./38847/2021bail rejected

Krishna Sah v. The State Of Bihar

2022-02-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38847 of 2021 Arising Out of PS. Case No.-195 Year-2019 Thana- NOKHA District- Rohtas ====================================================== KRISHNA SAH Son of Late Bahadur Sah Resident of Village - Baraon, P.S. - Nakha, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have given a knife blow on Manoj Singh and Digvijay Singh injuring them.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for oblique reasons. The manner of occurrence is other than what has been narrated in the F.I.R. There is case and counter case between the parties. From perusal of the injury reports of the two injured, it would transpire that the injuries on Digvijay Singh have been found to be simple in nature while the injuries

Patna High Court CR. MISC. No.38847 of 2021(4) dt.22-02-2022 2/2 found on one Manoj Singh have been found to be grievous in nature and the same is on the shoulder. The petitioner is in custody since 28.2.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. which is confirmed from the injury reports of the two injured, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Saurabh/- U T