Sikandar Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59695 of 2021 Arising Out of PS. Case No.-23 Year-2019 Thana- DARPA District- East Champaran ====================================================== SIKANDAR MALI Son of Shivnan Mali @ Shivnand Mali Resident of Village- Siswaniya, P.S.- Darpa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-11-2021 Heard the learned counsel for the petitioner and Sri Ramchandra Singh, learned APP appearing for the State. The present petition is by way of third attempt at the behest of the petitioner for grant of regular bail in connection with Darpa PS case no. 23 of 2019 registered under Sections 147, 149, 341, 323, 307, 302, 447, 448, 504 of Indian Penal Code, inasmuch as on the earlier occasions, this Court has rejected the prayer of the petitioner for grant of bail. The case of the prosecution in brief is that while the informant namely Durga Devi was sleeping in her house in the night of 21.02.2019, at about 9 pm the petitioner and other co-accused persons had entered inside her house and abused and assaulted her causing injury on her head and right hand. It is further alleged that when the daughter of the informant had

Patna High Court CR. MISC. No.59695 of 2021(2) dt.17-11-2021 2/2 come there to rescue the informant, the accused persons had also assaulted her, whereafter the petitioner had snatched the grand daughter of the informant from the lap of her mother and had thrown her on the ground, who subsequently died during the course of treatment.

The learned counsel for the petitioner has submitted that there is no progress in the trial and the petitioner is languishing in custody since 02.12.2019.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is alleged to have committed a heinous crime, apart from the fact that there is no change in circumstance from the day the prayer of the petitioner for grant of bail was rejected, till date, I do not find any reason to re-consider the prayer of the petitioner for grant of bail, hence the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T