Ajay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50877 of 2017 Arising Out of PS. Case No.-172 Year-2017 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Ajay Sahani son of Jalandher Sahani resident of village Nawalpur P.S. Sahebganj, Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. SRI SHAILENDRA KUMAR -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-11-2017 Heard both sides.

Prayer is for gran of bail in Sahebganj P.S. Case No. 172 of 2017 registered under section 302/32 IPC.

On a trivial issue, it is alleged, the petitioner and four others assaulted the deceased being the brother of the informant. Allegation against the petitioner is that he inflicted iron rod blow on the head which resulted in the death of the deceased the following day.

Learned counsel for the petitioner submits that there is delay in lodging the FIR. Death occurred on 12th June, 2017 whereas the FIR was lodged on 14th June, 2017. From bare reading, it shall appear that there was a bonafide land dispute. The petitioner is in custody since 12.06.2017 having no criminal

Patna High Court Cr.Misc. No.50877 of 2017(2) dt.20-11-2017 2/2 antecedents.

Counsel for the State opposed the prayer and submitted that the doctor found the corresponding injury on the deceased. During investigation, witnesses have supported the charges/allegation.

In the circumstances, prayer for bail made on behalf of the petitioner is rejected.

If there is undue delay in taking up the trial, the petitioner may renew his prayer for bail in the court below. (Kishore Kumar Mandal, J) HR/- U T