Rakesh Kumar @ Rakesh Sah @ Rakesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50814 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== RAKESH KUMAR @ RAKESH SAH @ RAKESH KUMAR SAH S/O Harichandra Sah R/O Village- Mangalpur Gudariya, P.S- Nautan, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in connection with Nautan P.S. Case No. 11 of 2023 instituted for the offence under Sections 341, 324, 307, 302, 120(B)/34 of the Indian Penal Code.

As per allegation in the FIR, on the the alleged date of occurrence while informant's son namely, Basant Sah was bringing fruits on his thela from Mangalpur Bazar for selling, the accused persons including the petitioner came to him armed with various weapons and started committing mar-pit with him in the meanwhile informant's younger son Binda Sah too came there, who saw that co-accused Sunil Sah gave knife to the

Patna High Court CR. MISC. No.50814 of 2023(3) dt.06-11-2023 2/3 petitioner and petitioner caused injury with knife on right leg and panjar of Basant Sah due to which he sustained injury and succumbed to injury.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been made accused in the present case for the reason that he is nephew of co-accused Meghu Sah with whom there was land dispute of the informant. It is further submitted that there is no allegation of repetition of blow of knife by the petitioner. A statement has been made in para-3 of thee petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 07.01.2023. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that from perusal of F.I.R.

as well as case diary, it appears that there is direct and specific allegation against this petitioner who assaulted the informant's son namely, Basant Sah by means of knife due to which he died. The postmortem report of the deceased corroborates the prosecution case. It is further submitted that during investigation the witnesses of this case have also supported the prosecution case.

Patna High Court CR. MISC. No.50814 of 2023(3) dt.06-11-2023 3/3 Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

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

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