Rajkishor Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59541 of 2022 Arising Out of PS. Case No.-375 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== 1.

RAJKISHOR SAH S/o Ramji Sah R/o Village- Bargajwa, P.S.- Shikhapur, Distt- West Champaran (Bettiah).

2.

RAMJI SAH S/o Late Nathuni Sah R/o Village- Bargajwa, P.S.- Shikhapur, Distt- West Champaran (Bettiah).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2023 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Shikarpur PS case no. 375 of 2022 instituted for the offences punishable under Sections 325, 307, 302, 379/34 of the Indian Penal Code.

The case of the prosecution in brief, according to the informant, is that on 07.05.2022 at about 11 in the day time, when the father of the informant was doing some work in the lane, then the petitioners herein along with other co-accused persons had arrived there, variously armed, whereafter they had abused the father of the informant and the petitioners had inflicted lathi (stick) blow on the head of the father of the informant, resulting in

Patna High Court CR. MISC. No.59541 of 2022(2) dt.13-01-2023 2/2 the father of the informant sustaining injury. The accused persons are also alleged to have assaulted the mother of the informant and other family members, resulting in them having been grievously injured.

The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 08.05.2022. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and gone through the materials available on record as also perused the order dated 13.09.2022, from which, it is apparent that the complicity of the petitioner in the alleged occurrence is writ large and with malafide intention, they had killed the father of the informant, who has sustained multiple injuries, as is apparent from the post mortem report, leading to his death, hence, I am not inclined to grant bail to the petitioners, thus, the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T