Radha Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38981 of 2023 Arising Out of PS. Case No.-439 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Radha Sah Son of Late Sahdeo Sah Resident of Village - Khartari, P.S.- Chiraiya, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar No.1, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP For the Informant : Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.
2. 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.
3. Petitioner seeks bail who is in custody since 13.10.2022 in connection with Chiraiya P.S. Case No. 439 of 2022, F.I.R. dated 12.10.2022 for the offences punishable under Sections 302/34 of the Indian Penal Code.
4. According to prosecution case, a serious quarrel took place between the father of the informant and this petitioner and due to this, the petitioner along with his wife and
Patna High Court CR. MISC. No.38981 of 2023(3) dt.01-08-2023 2/3 son armed with iron rods assaulted the father of the informant on his head resulting into his death.
5. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the F.I.R. that there is no specific allegation against the petitioner.
6. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the F.I.R. it appears that the F.I.R. is in two parts and according to part one, there is general and omnibus allegation against all the accused persons including the petitioner and according to part two, there is specific allegation against the petitioner that he has assaulted the father of the informant by means of iron rod. He further submits that the postmortem report of the father of the informant also suggests that the cause of the death is intracranial hemorrhage due to head injury.
7. Considering the aforesaid facts and circumstances and the fact that there is direct and specific allegation against the petitioner and the postmortem report also supports the allegation as alleged in the F.I.R, I am not inclined to enlarge the
Patna High Court CR. MISC. No.38981 of 2023(3) dt.01-08-2023 3/3 petitioner on bail in connection with Chiraiya P.S. Case No. 439 of 2022 pending in the court of learned Additional Sessions Judge 19th , East Champaran at Motihari.
8. Prayer is refused.
(Rajesh Kumar Verma, J) Vanisha/- U T