Patna High CourtCR. MISC./209/2025dismissed

Avadhesh Sah @ Awadhesh Sah v. The State Of Bihar

2025-06-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 209 of 2025 Arising Out of PS. Case No.-186 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== Avadhesh Sah @ Awadhesh Sah S/o- Hemant Lal Sah R/o- Chitrakut Nagar, R. No-8, Bibiganj Ps- Sadar Dist- Muzaffarpur Per. Add- Harser Balua PsSiwaipatti Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar S.K., Advocate For the State :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with with Motipur P.S. Case No. 186 of 2020 registered for the offence under Section 302 of the Indian Penal Code.

3. Earlier the bail application of the petitioner has been rejected vide order dated 10.01.2024 passed in Cr. Misc. No. 83879 of 2023, which reads as under:

"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

Patna High Court CR. MISC. No. 209 of 2025(3) dt.20-06-2025 2/2 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.

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."

4. In this case, the trial has started and one witness has been examined.

5. In view of the allegation that the petitioner has killed the deceased for a dispute of Rs. 10/-, I am not inclined to grant bail to the petitioner.

6. Accordingly, the application stands dismissed again.

(Sandeep Kumar, J) P. Kumar U T