Sebak Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56192 of 2021 Arising Out of PS. Case No.-175 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== SEBAK SAHANI Son of Late Parmeshwar Sahani Resident of VillageMirjapur, P.S.- Tajpur, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma For the Opposite Party/s :
Mrs.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other allied Sections of the Indian Penal Code.
As per the prosecution case, this petitioner along with co-accused, Awadhesh Sahni assaulted the husband of informant with Lathi and bricks as a result of which husband of informant died.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is general and omnibus allegation against this petitioner and Similarly situated accused Pappu Sahni has already been granted bail by this court vide order dated 26.03.2021 passed in Cr. Misc. No. 4922/ 2021. Petitioner
Patna High Court CR. MISC. No.56192 of 2021(2) dt.07-12-2021 2/2 claims clean antecedent and is in custody since 15.09.2020 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail and submits that there is specific allegation against this petitioner of assaulting the deceased and case of coaccused, Pappu Sahni is different from the case of this petitioner as there is general and omnibus allegation of assault against coaccused, Pappu Sahni. Considering the facts aforesaid, nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T