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Patna High CourtCR. MISC./24489/2018rejected

Raghunath Sah v. The State Of Bihar

2018-06-18Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24489 of 2018 Arising Out of PS. Case No.-153 Year-2017 Thana- DINARA District- Rohtas ====================================================== Raghunath Sah, Son of Late Osiar Sah, Resident of Village- Delhua, P.S.- Dinara, District- Rohtas (Sasaram).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chhote Lal Mishra For the Opposite Party/s :

Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Dinara PS Case No.153 of 2017, giving rise to Sessions Trial No.428 of 2017 registered under Sections 341, 323 and 307/34 of the Indian Penal Code. Later on Sections 302 and 120(B) of the Indian Penal Code were added.

Allegation in brief is that the husband of the informant was called by the accused persons in the night, when he came out of the house then petitioner and rest other accused persons started firing on him, the shot fired by Parshuram Yadav hit in his chest, Laxman Yadav caused injury in the abdomen as a result he died.

Learned counsel for the petitioner submits that due to

Patna High Court Cr.Misc. No.24489 of 2018(3) dt.18-06-2018 2/2 dispute of pond, the petitioner has falsely been implicated in this case, however, the allegation against him is of causing injury on his left arm but on vital part of the body, injury was caused by other co-accused; whereas learned counsel for the State submits that all three accused persons opened fire and corresponding injuries were found.

Having considered the aforesaid facts and circumstances and the specific overt act against the petitioner, the prayer of bail of the petitioner is rejected with a direction to the trial court to expedite the trial.

(Arun Kumar, J) S.KUMAR/- U T