Dismissed

Harendra Sah @ Harindra Sah v. The State of Bihar

Patna HC23 Jun 2022CR. MISC./7772/2022

Case brief

AI extract

What is this about?

In a bail plea for offences under IPC Sections 341, 342, 323, 324, 307, 380 and 504/34, the High Court rejected the application due to direct allegations, specific injury at vital part, petitioner's criminal history, and nature of accusation.

What did the court decide?

Prayer for bail stood rejected; liberty to renew prayer before the Court below after framing of charges.

Harendra Sah @ Harindra Sah Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7772 of 2022

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Arising Out of PS. Case No.-13 Year-2020 Thana- SIKTA District- West Champaran

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======================================================

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Harendra Sah @ Harindra Sah Son of Chandrika Sah Resident of Village - Sikta Bazar, Ward No.03, P.s.- Sikta, Distt.- West Champaran.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr. APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 23-06-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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Heard learned counsel for the petitioner and the learned APP for the State.

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Petitioner seeks regular bail in a case registered for the offences punishable under Sections, 341, 342, 323, 324, 307, 380, 504/34 of the Indian Penal Code.

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Allegedly this petitioner inflicted farsa blow at the head of the informant's brother and during occurrence coaccused assaulted the said injured by means of iron rod.

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The main submissions advanced by learned counsel for the petitioner are that admittedly a civil dispute was running in between petitioner and the prosecution party at the time of

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Patna High Court CR. MISC. No.7772 of 2022(2) dt.23-06-2022 2/3

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occurrence the petitioner and co-accused constructed a brick wall on their possessed land and on the person of the informant the injuries found have been opined to be caused by hard and blunt substance while as per the FIR the petitioner is alleged to have assaulted the informant by means of a farsa. Further submission is that co-accused Suraj Kumar who is alleged to have assaulted the victim by means of iron rod has been granted bail by this Court vide order passed in Cr. Misc. No. 3883 of 2021 and the petitioner has been languishing in jail since 28.7.2021.

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Learned APP has opposed the prayer for bail.

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Heard both the sides and perused the FIR of this case. There is specific allegation against the petitioner and he assaulted at the head of informant’s brother by means of a farsa. Though the injury found at the person of informant’s brother has not been opined to be caused by a sharp cutting object but the injury found at vital part of his body has been opined grievous in nature and there is direct and specific allegation against the petitioner and he has criminal antecedent of one case. Considering all these facts as well as the nature of allegation appearing against the petitioner in my view he does not deserve bail at this stage. Accordingly his prayer for bail stands rejected.

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Patna High Court CR. MISC. No.7772 of 2022(2) dt.23-06-2022 3/3

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Petitioner may renew his prayer for regular bail before the Court below after framing of charge in his case, if he prefers the said liberty then learned Court below will decide his prayer without being prejudiced with this order.

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(Shailendra Singh, J)

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siddharthkr/-

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U T

Harendra Sah @ Harindra Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Harendra Sah @ Harindra Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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