Madan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34969 of 2015 Arising out of PS.Case No. -30 Year- 2012 Thana -KARJA District- MUZAFFARPUR ====================================================== Madan Sahni, Son of Late Ambika Sahni, resident of Village - Raksha, P.S. - Karja, District - Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Md. Iftekhar Mahmood, Advocate. For the Opposite Party : Mr. Indra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2015 Heard learned counsels for the petitioner, informant and learned counsel for the State The petitioner is languishing in custody since 14.03.2015 in connection with Karja P.S. Case No. 30 of 2012 for the offences instituted under Sections 147, 148, 149, 323, 341, 324, 307, 380, 452 and 504/34 of the IPC. Later on, Section 302 of the IPC was also added.
The prosecution story, in brief, is that on 04.03.2012, while the informant was sitting on his door after taking meal, in the meantime, accused persons namely, Madan Sahani, Rajesh Sahani, Ram Awatar Sahani, Sita Ram Sahani, Nagina Sahani, Bahadur Sahani, Jay Kishore Sahani, Dipak Sahani, Devendra Sahani, Shankar Sahani, Jamadar Sahani and Subedar Sahani
Patna High Court Cr.Misc. No.34969 of 2015 (4) dt.05-10-2015 2/3 came there with Lathi, Danda and four unknown accused persons were also with them. The accused persons began to abuse them, on protest, all accused persons with an intention to kill him attacked upon them with Lathi and Farsa. The informant further says that he alongwith Shankar Sah were injured and they were admitted in the Hospital. Shivji Sah and Shankar Sah referred to S.K.M.C.H., Muzaffarpur. The dispute relates to the land. He further stated that the accused persons took away Jewellery worth Rs. 50,000/- and cash of Rs. 20,000/-. The accused Madan Sahani put Lathi on the neck of Shankar Sah, Sita Ram Sahani and Nagina Sahni put pressure on him and the informant and Shivji Sahani got head injury.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 14.03.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering with the evidence. The allegation of assault by Lathi upon the deceased is not against the petitioner. No specific injury has been attributed against this petitioner.
On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R.
Patna High Court Cr.Misc. No.34969 of 2015 (4) dt.05-10-2015 3/3 Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, IVth, West, Muzaffarpur, in connection with Karja P.S. Case No. 30 of 2012.
U.K./- (Sudhir Singh, J) U T