Shree Bhagwan Sahani @ Bhagwan Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45314 of 2021 Arising Out of PS. Case No.-496 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== Shree Bhagwan Sahani @ Bhagwan Sahani, aged about 52 years, Son of Late Hiralal Sahni, Resident of Village - Bal Tola, P.S.- Sugauli, Dist.- East Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Harshvardhan Singh, Advocate Mr.Manish Kumar Singh, Advocate For the State :
Mr. Jitendra Kumar Singh, A.P.P.
For the Informant :
Mr. Dhananjay Kumar No.2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-09-2021 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant through video conference.
2. Learned counsel for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.
3. The petitioner, who is in custody since 17.12.2018, has renewed his prayer for bail in connection with Sugauli P.S.
Patna High Court CR. MISC. No.45314 of 2021(2) dt.01-09-2021 2/3 Case No. 496 of 2018, having earlier been rejected twice by order dated 20.11.2019 in Cr. Misc. No.42986 of 2019 and order dated 27.01.2021 in Cr. Misc. No. 3997 of 2021 for the alleged offences under Sections 341, 342, 323, 307 and 302/34 of the Indian Penal Code.
4. Learned counsel for the petitioner invites reference to the last order dated 27.01.2021 rejecting the prayer for bail but granting liberty to renew his prayer after six months. It is submitted that the petitioner has already suffered custody for about two years and nine months and has clean antecedents.
5. Learned APP assisted by learned counsel for the informant appears and opposes the prayer for bail, submitting that the petitioner is said to have stabbed the informant's father with gupti in his abdomen.
6. Having regard to the nature of allegations and gravity of the offence as well as the observation made in the impugned order that the injury no. 3 is in middle of stomach of the deceased, this Court is not inclined to grant privilege of bail to the petitioner. The petition stands dismissed.
7. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 2
Patna High Court CR. MISC. No.45314 of 2021(2) dt.01-09-2021 3/3 hereinabvove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) V.K.Pandey/- U T