Avadhesh Sah @ Awadhesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83879 of 2023 Arising Out of PS. Case No.-186 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Avadhesh Sah @ Awadhesh Sah Son of Hemant Lal Sah Resident of at present Chitrakut Nagar, Road No. 8, Bibi Ganj, P.S.- Sadar, District Muzaffarpur, permanant Adress Village- Harsher Balua, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Rajpati For the Opposite Party/s :
Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Motipur P.S. Case No. 186 of 2020 registered for the offence under Section 302 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is alleged to have assaulted the passenger for dispute over Rs. 10/-.
4. Learned counsel for the petitioner submits that there is delay in lodging the F.I.R. The petitioner is quite innocent and has committed no offence. He is in jail since 24.07.2023
5. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that it is the petitioner who is the assailant of the petitioner for over petty dispute.
Patna High Court CR. MISC. No.83879 of 2023(2) dt.10-01-2024 2/2
6. Considering the fact that deceased was killed by the petitioner, I am not inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. The Court below is directed to expedite the trial of the petitioner.
(Sandeep Kumar, J) Shishir/- U T