Arvind Sah @ Kari Sah @ Arvind Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67302 of 2022 Arising Out of PS. Case No.-352 Year-2021 Thana- BAKHARI District- Begusarai ====================================================== Arvind Sah @ Kari Sah @ Arvind Sahu Son Of Late Shivji Sah, R/V- Bakhri (Parihara), P.S- Bakhri (Parihara), Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant. The petitioner seeks regular bail in connection with S.Tr. No. 459 of 2022 arising out of Bakhri P.S. Case No. 352 of 2021 lodged under Sections 447, 323, 302, 504 and 506 of the I.P.C.
As per the prosecution, the allegation against the petitioner is that he has visited to the shop of the informant where he threatened to the father of the informant for demanding his arrear amount. The allegation of using abusive language and continuous assault. The father of the informant started running towards P.S. and the petitioner was following
Patna High Court CR. MISC. No.67302 of 2022(2) dt.27-02-2023 2/3 him and used to assault by fist. The father of the informant entered into the premises of police station and all of a sudden faint. The father of the informant started going to hospital but in way he died.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that due to political rivalry, the name of the petitioner has figured in this case unnecessarily. He also submits that the antecedent of the petitioner is clean and he is in custody since 11.01.2022. Counsel for the petitioner has annexed the post mortem report (Annexure-2) in which cause of death was shown as neurogenic shock as a result of above mentioned injuries at different places of the body, caused by heavy, hard and blunt substance.
Learned counsel for the State opposes the prayer for bail.
Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is direct allegation against the petitioner that he has continuously assaulted by fist at the various sensitive places of the body, which is apparent in the post mortem report.
In the present facts and circumstances of this case and
Patna High Court CR. MISC. No.67302 of 2022(2) dt.27-02-2023 3/3 the submissions made above, I am not inclined to grant bail to the petitioner, therefore, bail petition of the petitioner is hereby rejected.
Trial Court is directed to expedite the trial. (Dr. Anshuman, J.) ravishankar/- U T