Patna High CourtCR. MISC./35453/2015rejected

Sushil Sah v. The State Of Bihar

2015-11-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35453 of 2015 Arising Out of PS.Case No. -80 Year- 2014 Thana -GHOGHARDIHA District- MADHUBANI ======================================================

1. Sushil Sah S/o Baidhyanathi Sah R/o Village- Kishanipatti, P.s Ghodhardiha, Dist Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hriday Kant Mishra For the Opposite Party/s : Mr. Suresh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-11-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Ghoghardiha P.S.Case No. 80/2014 for the offences punishable under Sections 147, 148, 149, 341, 323, 324 and 302 of the Indian Penal Code, pending in the Court of learned S.D.J.M., Jhanjharpur (Madhubani).

The allegation against the petitioner is that he gave knife blow on the chest of the son of the informant and thereafter coaccused, Santosh Sah, also gave knife blow, resulting the son of the informant fell down, who died in Darbhanga Medical College Hospital, Laheriasarai.

Submission is of false implication and that there is

Patna High Court Cr.Misc. No.35453 of 2015 (4) dt.23-11-2015 2/2 contradiction in the statements of the informant and the witnesses. Co-accused, Prabhu Sah, has been granted bail by the court below itself and further Baidyanathi Sah and Bihari Sah have been granted bail by this Court in Cr. Misc. No.11305/2015 by another coordiante bench of this Court and Dukhi Sah has also been granted bail in Cr.Misc. No. 17521 of 2015 by another coordinate bench of this Court and the petitioner is suffering in custody since 05.11.2014.

Learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the assailant. The doctor has found one incised punctured wound on the left side of the chest. In the facts and circumstances, as stated above, considering that the petitioner is one of the assailants, this Court is not inclined to enlarge the petitioner on bail and accordingly his prayer for bail stands rejected.

(Jitendra Mohan Sharma, J) singh/- U T