Arvind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71905 of 2018 Arising Out of PS. Case No.-71 Year-2015 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Arvind Sahni S/o Late Bharat Sahni, Resident of Village-Kaithma, P.S.- Mufassil, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad For the Opposite Party/s :

Mr. Braj Kishore Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner Arvind Sahni has been in custody since 15.05.2018 in connection with Begusarai Mufassil P.S. Case No. 71/2015 registered for the offence punishable under Sections 447/341/324/307/504/34 of the Indian Penal Code read with Section 27 of the Arms Act. Later on, Section 302 Indian Penal Code was also added.

Learned counsel for the petitioner submits that though the allegation against the petitioner is of having fired at the deceased yet it cannot be conclusively said that because of the petitioner's firing, the deceased succumbed to his injuries. He thus submits that the petitioner may be extended the privilege of bail. He further points out to the orders passed by the Court

Patna High Court CR. MISC. No.71905 of 2018(4) dt.14-03-2019 2/2 wherein other co-accused persons who were also named in the F.I.R. have been given the privilege of bail. However, considering the entire facts and circumstances and especially in view of the fact that the petitioner Arvind Sahni along with Sanjay Sahni is said to have fired at the deceased which ultimately culminated in his death. I am not inclined to grant regular bail to this petitioner. It is accordingly rejected.

It is pointed out by the learned counsel for the petitioner that though chargesheet has been submitted, the case has not yet been committed for trial. It is thus directed that the Court below may take necessary steps so that the matter is placed before the court for trial and the trial may be expedited so as to conclude within a period of one year from today. (Anjana Mishra, J) Saif/- U T