Patna High CourtCR. MISC./5251/2019bail granted

Motilal Sahni v. The State Of Bihar

2019-01-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5251 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== Motilal Sahni, aged 49 years (M), son of Ram Bachchan Sahani, Resident of Village - Puchharia Babu Tola, P.S. - Sangrampur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 302 of the Indian Penal Code.

Submission is that the FIR would reveal that allegation of commission of assault to the deceased is not against the petitioner rather he is alleged to have assaulted to Radhe Shyam Kumar at his leg.

Considering the nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the

Patna High Court Cr.Misc. No.5251 of 2019(2) dt.30-01-2019 2/2 like amount each to the satisfaction of the learned court below where the case is pending in connection with Sangrampur Police Station Case No. 142 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/Rajan U T