Patna High CourtCR. MISC./37735/2023rejected

Sohan Mali v. The State Of Bihar

2023-09-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37735 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- GUTHANI District- Siwan ====================================================== Sohan Mali Son Of Jawahar Mali @ Jawahar Lal Saini Resident Of Village - Daraila, P.S. - Guthani, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Guthani P.S. Case No. 150 of 2022 instituted for the offence under Sections 302 and 34 of the Indian Penal Code. Allegation against the petitioner along with other coaccused persons is that they committed murder of the informant's grand-son by assaulting him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case. It is further submitted that no one has seen the occurrence. Moreover, the petitioner is languishing in judicial custody since 09.06.2022.

Learned APP appearing for the state has opposed the

Patna High Court CR. MISC. No.37735 of 2023(4) dt.13-09-2023 2/2 prayer of regular bail and submitted that the petitioner is named in FIR and this case is based on circumstantial evidence as the petitioner was seen at that night on the place of occurrence thereafter, this occurrence took place. During investigation, several witnesses supported the prosecution case vide para- 40, 41, 42 and 43 of the case diary and postmortem report also corroborated with the prosecution version as the doctor opined that the cause of the death of the deceased is due to neurogenic shock.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T