Manjit Sahni @ Manjay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70790 of 2022 Arising Out of PS. Case No.-40 Year-2022 Thana- JALE District- Darbhanga ====================================================== MANJIT SAHNI @ MANJAY SAHNI S/o Gulab Sahni R/o Village- Rampur Pachasi, P.S.- Pupri, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Jha For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Jalley P.S. Case No. 40 of 2022 instituted for the offence under Sections 341, 323, 427, 302, 504/34 of the Indian Penal Code. As per allegation in the FIR, on 20.4.2022 at about 8:30 PM some alteration took place between the petitioner and informant's side but the matter was pacified then. After sometime, the accused persons including the petitioner came at informant's house and started assaulting his family members. It is further alleged by the informant that his son was assaulted by this petitioner namely, Manjeet Sahni by means of iron rod due to which he become unconscious and received injuries. Thereafter, he was taken to hospital but the injured Nitesh

Patna High Court CR. MISC. No.70790 of 2022(3) dt.03-04-2023 2/3 Kumar was declared died.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in this case due to dirty village politics. It is further submitted that the petitioner is languishing in judicial custody since 4.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that from perusal of FIR, the specific allegation has been made against the petitioner of assaulting on the head of the deceased namely, Nitesh Kumar by means of iron rod due to which he fell down after becoming unconscious and during treatment he died. The postmortem report also corroborates the prosecution story wherein, it is opined the death of deceased has been caused on account of injury over his head. It is further submitted that during investigation witnesses have also supported the prosecution version.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and

Patna High Court CR. MISC. No.70790 of 2022(3) dt.03-04-2023 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Amandeep/- U T