Patna High CourtCR. MISC./6121/2017dismissed

Shatrohan Sahani @ Shatrudhan Sahani v. The State Of Bihar

2017-03-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6121 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -MASRAKH District- SARAN ====================================================== Shatrohan Sahani @ Shatrudhan Sahani, aon of Khedan Sahani, resident of Village DeWariya, P.S. Masharak, District-Chapra. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Masharak P.S.Case No. 94 of 2016 registered for the offences punishable under Sections 147, 148, 149, 109, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there was scuffle with respect to purchase of fish and there is no intention or motive of the petitioner to kill the deceased, though there is allegation of assault by iron rod to the deceased, due to which he died and petitioner is in custody since 9.6.2016. Heard learned APP also, who has opposed the prayer for bail stating that there is allegation against the petitioner of assault to the deceased, due to which he died.

Patna High Court Cr.Misc. No.6121 of 2017 (4) dt.17-03-2017 2/2 Having heard both sides and in view of the fact that there is direct allegation against the petitioner of assaulting the deceased, I am not inclined to grant bail to the petitioner. However, considering the fact that petitioner is in custody for the last nine months, learned trial court is directed to expedite the trial and try to conclude it within a period of nine months. If the trial is not concluded within the said period the petitioner will be at liberty to renew his prayer for bail before the court concerned.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U