Umesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3223 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- SHANKARPUR District- Madhepura ====================================================== UMESH SAHANI S/O NARAYAN SAHANI R/O VILLAGECHARIHARA, PS. MASHRAKH, DIST. CHAPRA ... ... Appellant/s

Versus

THE STATE OF BIHAR ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Pandey, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and perused the case diary. None appears on behalf of the informant despite notice being validly served. The present case is heard along with Criminal Appeal (SJ) No. 2398 of 2023.

2. The instant appeal has been filed by the appellant against the order dated 28.04.2023 passed by learned Addl. Sessions Judge, 1st, cum Special Judge, Madhepura whereby the prayer for bail of the appellant in connection with Shankarpur P.S. Case No. 158 of 2022 under Sections 302, 201, 392/34 of the Indian Penal Code and Sections 3, 2(v) of SC/ST Act was rejected.

3. It is a case of commission of murder of informant's

Patna High Court CR. APP (SJ) No.3223 of 2023(7) dt.04-12-2024 2/3 brother, namely, Bishundeo Paswan. Motive behind the occurrence was robbery of new E-Rickshaw of which the deceased was a driver.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the present case. Appellant is not named in the F.I.R. The name of the appellant transpired in this case during investigation only on the basis of confessional statement of co-accused Dilkhus Kumar and Jiwach Kumar. No incriminating article has been recovered from the conscious possession of the appellant. There is no eyewitness to the occurrence. Learned counsel for the appellant further submitted that the appellant has not taken the caste name of the informant in public view, hence, no offence under the provisions of SC/ST Act is made out against him. The appellant is in custody since 19.09.2022 and has one criminal antecedent.

5. Learned Special P.P. for the State has vehemently opposed the prayer for grant of bail to the appellant. Learned counsel further submitted that the appellant in his confessional statement (paragraph no. 83 of the case diary), has disclosed the manner in which he along with other co-accused persons committed the murder of the deceased by strangulating his neck and the said fact is also supported by the post-mortem report as

Patna High Court CR. APP (SJ) No.3223 of 2023(7) dt.04-12-2024 3/3 the doctor has opined the cause of death due to cardio respiratory failure due to asphyxia caused by strangulation. Learned SPP, therefore, prays that the appellant may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case, the confessional statement of the appellant which further supported by the post-mortem report, this Court is not inclined to grant bail to the appellant, as such, the prayer for grant of bail is rejected.

7. The appeal stands disposed of.

8. Learned trial Court is directed to expedite the trial. (Rudra Prakash Mishra, J) Alok Verma/- U T