Patna High CourtCR. MISC./1238/2023bail rejected

Ashok Sada v. The State Of Bihar

2023-04-20Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1238 of 2023 Arising Out of PS. Case No.-285 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== Ashok Sada, S/o Sonelal Sada, R/o Village- Tedha Milki, P.S.- Khanpur, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Sessions Trial No. 158 of 2022 arising out of Khanpur P.S. Case No. 285 of 2021 dated 18.12.2021 registered for the offences punishable under Sections 364, 302/34 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has been languishing in jail since 19.12.2021 in fact the deceased committed suicide due to his family issues, as per the postmortem report the external injuries found on the body of the deceased do not corroborate the allegations levelled in the FIR

Patna High Court CR. MISC. No.1238 of 2023(2) dt.20-04-2023 2/2 against the petitioner.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the seriousness of the accusation appearing against the petitioner and he allegedly wrapped a towel around the neck of the deceased and thereafter pressed his neck and consequently the victim died due to the said strangulation and there is specific allegation against the petitioner and the reason behind the crime is stated as to the petitioner and his family being involved in the manufacturing of illicit wine which was being objected by the deceased, in the opinion of this court, petitioner does not deserves to the privilege of bail. Accordingly, his bail prayer stands rejected. Trial court is directed to expedite the trial of the petitioner if the same has started and take steps to conclude the same in the next one year, petitioner may renew his bail prayer after one year, if no significant progress is made in his trial in the said period.

(Shailendra Singh, J) Rajiv/- U T