Mahip Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.418 of 2015 Arising Out of P.S. Case No. -238 Year- 2014 Thana - MUFFASIL District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Mahip Sah, Son of Promad Sah

2. Radheyshyam Sah, Son of Sri Gopal Sah Both Residents of Village - Mahanaganni, P.S. - Bettiah Moffasil, DistrictWest Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in Bettiah Muffasil P.S. Case No. 238 of 2014 registered under Section 302 and other sections of the Indian Penal Code.

The informant Maharaj Bhagat has alleged that Subhash Sah had borrowed Rs. 20,000/- from him on a promise to return the same within two months. When the informant sent his son Nippu Kumar to bring money from Subhash Sah, it is alleged that the petitioners along with other accused persons brutally assaulted his son and threw him at his doorstep.

Patna High Court Cr.Misc. No.418 of 2015 (3) dt.03-02-2015 2/3 Learned counsel for the petitioners submits that there is omnibus and general allegation against the accused persons including the petitioners but during the course of investigation it has come that Nippu Kumar had entered into the house of Subhash Sah with bad intention and he was caught red-handed with the wife of Subhash Sah. The villagers assaulted Nippu Kumar. It is further submitted that the injuries are not fatal to cause death of Nippu Kumar.

On consideration of the facts aforesaid, it appears that the accused persons including the petitioners are alleged to have assaulted Nippu Kumar. In the post-mortem report, it appears that the doctor found multiple bruises all over the body of the deceased. The cause of death is shock and haemorrhage on account of injuries caused to the deceased.

Having considered the fact that the petitioners are also alleged to have assaulted the deceased, I am not inclined to enlarge the petitioner on bail in Bettiah Muffasil P.S. Case No. 238 of 2014. Accordingly, the same is rejected. However, the trial court is directed to expedite the trial and conclude the same within one year from the date of receipt / production of this order.

If the trial is not concluded within the stipulated

Patna High Court Cr.Misc. No.418 of 2015 (3) dt.03-02-2015 3/3 period, the petitioners may renew their prayer for bail firstly in the trial court itself.

(Prabhat Kumar Jha, J) Dilip/- U T