Patna High CourtCR. MISC./35531/2020dismissed

Balak Kumar @ Ram Balak Sahani v. The State Of Bihar

2021-04-07Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35531 of 2020 Arising Out of PS. Case No.-142 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== BALAK KUMAR @ RAM BALAK SAHANI S/o Jaleshwar Sahani R/o village- Puchhariya, Babu Tola, P.S.- Sangrampur, District- East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-04-2021 Petitioner seeks bail in a case registered for the offence punishable under Sections 302 of the Indian Penal Code.

Informant in his written complaint has alleged that FIR named accused persons including petitioner and three unknown assaulted son of informant Arjun Sahani by means of Ikari, Barachi, lathi causing grievous injury to him. Allegation against petitioner is causing assault by means of Ikari on left side of chest of son of informant. Thereafter his son was taken to Hospital and died on way to hospital. Allegations made in FIR are corroborated by post mortem report.

Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1.

Patna High Court CR. MISC. No.35531 of 2020(3) dt.07-04-2021 2/2 Vide order dated 10.02.2021, report was called for from the court concerned as with regard to the stage of trial. Report of the trial court has been received, which is kept at Flag X, in which, the court below has stated that except I.O., all prosecution witnesses have been examined and summons has been sent to the I.O. and the case would be disposed of by 31.03.2021.

In view of the above, considering the aforesaid facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected. However, the trial court is directed to expedite the trial of the petitioner and conclude the same within aforesaid period.

(S. Kumar, J) Sanjay/- U T