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Patna High CourtCR. MISC./33645/2022rejected

Bajrangi Sah @ Bajrang Sah v. The State Of Bihar

2023-02-14Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33645 of 2022 Arising Out of PS. Case No.-67 Year-2022 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== Bajrangi Sah @ Bajrang Sah Son of Late Ganga Sah Resident of Village - Shivasinghpur, P.S.- Ashok Paper Mill, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K. Sinha, Sr. Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 447, 307, 326(A), 504, 506 and 34 of the Indian Penal Code and later on Section 302 of the Indian Penal Code also added.

According to prosecution case, an altercation took place between the petitioner and the son of the informant due to some land dispute. It is further alleged that the wife of the petitioner brought acid bottle from her house and handed it over

Patna High Court CR. MISC. No.33645 of 2022(5) dt.14-02-2023 2/2 to the petitioner and he sprinkled acid on the body of Vikash Bhagat, Vijay Bhagat and Ashok Bhagat causing burn injuries to them.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that there was no intention to kill the deceased and there is no eye witness of the alleged occurrence.

The learned Additional Public Prosecutor on the basis of the material available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has thrown acid on the deceased and he died during the treatment. He further submits that there is direct allegation against the petitioner.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with A.P.M. P.S. Case No. 67 of 2022 pending in the court of learned Judicial Magistrate 1st Class, Darbhanga.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T