Bindheyachal Sah @ Sandeep Kumar @ Binachal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5801 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- BAIRIYA District- West Champaran ====================================================== Bindheyachal Sah @ Sandeep Kumar @ Binachal Sah, Son of Rajaram Sah, Resident of Village - Tilangahi, P.S. - Bairiya, District - West Champaran ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Advocate For the Opposite Party :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

2.

The petitioner seeks bail in connection with Bairiya P.S. Case No.162 of 2023 registered for the offence punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code. Later on Section, 302 of the Indian Penal Code was also added.

3.

The deceased was assaulted by the accused persons. He has died during the treatment. The petitioner is in custody since 05.09.2023.

4.

It has been submitted by learned counsel for the petitioner that case under Section 302 of the Indian Penal Code is not made out in the facts of the case and there is general and omnibus allegation of assault due to land dispute.

Patna High Court CR. MISC. No.5801 of 2024(2) dt.17-02-2024 2/2 5.

Considering the aforesaid facts, this application is allowed.

6.

Let the petitioners, above named, be released on bail after framing of charge, if the charge has not already been framed on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bairiya P.S. Case No.162 of 2023.

(Sandeep Kumar, J) pawan/- U T