Shibdani Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30513 of 2017 Arising Out of PS. Case No. -112 Year- 2016 Thana -BEERPUR District- BEGUSARAI ====================================================== Shibdani Sahni Son of Late Dilchand Sahni, Resident of Village- Nonpur, P.S.- Teghra, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kumar Sinha, Advocate For the Opposite Party: Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.12.2017 in connection with Sessions Trial no. 164 of 2017 arising out of Birpur P.S. Case No. 112 of 2016 for the offences alleged under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated owing to land dispute between the parties. It is further submitted that similarly situated co-accused Gopal Sahni has been granted bail by this Court in Cr. Misc. No. 19953 of 2017.

4. Considering the specific accusation against the petitioner of having caused injury below the right Panjra of the deceased and the post mortem report showing injury by firearm in the abdominal region of the deceased, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed. The case of co-accused Gopal Sahni cannot be treated as similar as it is observed in his bail order that there was no injury on the palm of the deceased to corroborate the accusation. (Vikash Jain, J) B.T/Ibrar U T