Brahmanand Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9112 of 2021 Arising Out of PS. Case No.-48 Year-2013 Thana- MANIYARI District- Muzaffarpur ====================================================== BRAHMANAND SAHNI Son of Late Raj Kumar Sahni Resident of VillageRatnauli, P.S.-Maniyar, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The petitioner seeks bail in connection with Sessions Trial No.499 of 2018 arising out of Maniyari P.S. case No.48 of 2013 registered under Sections 302/34 of I.P.C. and 27 of the Arms Act, pending in the court of Additional Sessions Judge-V, Muzaffarpur.

The earlier bail applications of the petitioner were rejected vide Annexures P2 to P5 to the present application taking into account that the petitioner is the main assailant and the postmortem report also corroborated the allegations made in the F.I.R. Further the petitioner being the son of the Mukhiya

Patna High Court CR. MISC. No.9112 of 2021(4) dt.15-09-2021 2/2 had tried to influence the investigation and due to the said reason the investigation was handed over to the CID. A report was called for from the trial court. It has been reported that out of twenty three prosecution witnesses, ten prosecution witnesses have already been examined and the trial is likely to be concluded within a period of six months. Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of a copy of this order. The District Magistrate, Muzaffarpur and the Senior Superintendent of Police, Muzaffarpur are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District Magistrate, Muzaffarpur and the Senior Superintendent of Police, Muzaffarpur.

Narendra/- (Sudhir Singh, J) U T