Patna High CourtCR. MISC./52328/2023dismissed

Manoj Sah v. The State Of Bihar

2023-08-19Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52328 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- NIMACHANDPURA District- Begusarai ====================================================== MANOJ SAH SON OF LATE LAKHINDAR SAH RESIDENT OF VILLAGE- SHANTI NAGAR SUJA, PS- MUFASSIL AT PRESENT RESIDING AT VILLAGE- KUSHMAHAUTA, PS- NEEMA CHANDPURA, DIST- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard the parties.

The petitioner is an accused in connection with Neema Chandpura P.S. Case No. 17 of 2022 registered for the offences under sections 302 and 349 of the Indian Penal Code and section 27 of the Arms Act lodged on 19.03.2022 by the informant, Rinki Devi.

As per the prosecution story, the allegation is that the informant who is wife of the deceased alleged that her husband was moving with two daughters and according to them, there was a hot altercation between the petitioner and the deceased, Manoj Sah thereafter opened fire, she rushed outside house and saw her husband falling on earth while accused persons were escaping, both her daughters were crying and given the name of

Patna High Court CR. MISC. No.52328 of 2023(2) dt.19-08-2023 2/2 this petitioner having injured her husband. He was rushed to Begusarai Hospital and was declared dead. Accordingly, the FIR.

Considering the kind of allegation that has come against the petitioner, this Court is not inclined to extend him privilege of bail, which is accordingly rejected. However, as he is in custody since 29.06.2022 (as stated in paragraph 9 of the bail application), the Trial Court is directed to expedite the trial and conclude the same preferably within a period of nine months.

(Rajiv Roy, J) Neha/- U T