Dasai Sahani @ Dasai Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57442 of 2023 Arising Out of PS. Case No.-246 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Dasai Sahani @ Dasai Chaudhary Son Of Late Amin Sahani Village Hathiyahi Ps Piprakothi District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raki Alam For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Piprakothi P.S. Case No. 246 of 2022 instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 34 of the Indian Penal Code.

3. As per allegation in the FIR, it is alleged that the petitioner along with other co-accused persons surrounded the father of the informant and this petitioner stabbed in his stomach by means of knife due to which he sustained injury. The accused persons also took away Rs,. 35 thousand from packet of the informant's father.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case due to land dispute between the

Patna High Court CR. MISC. No.57442 of 2023(5) dt.09-02-2024 2/2 parties. The informant is not an eye witness to the alleged occurrence. It is also submitted that the petitioner is languishing in judicial custody since 5.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR who has specifically been alleged to stab in the stomach of the informant's father due to which he sustained injury. The injury report of the informant's father annexed with the case diary as well as mentioned in the impugned order shows that the injury is grievous in nature caused by sharp cut object. It is also submitted that prosecution witnesses have supported the case.

6. Having heard the learned counsel for the parties and considering the direct allegation against the petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T