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Patna High CourtCR. MISC./52149/2015bail granted

Ram Narayan Sahni And ANR v. The State Of Bihar

2016-02-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52149 of 2015 Arising Out of PS.Case No. -305 Year- 2013 Thana -SAHEBGANJ District- MUZAFFARPUR ======================================================

1. Ram Narayan Sahni Son of Satyadeo Sahni null

2. Sunil Sahni son of Ram Narayan Sahni Both resident of village- Khori Paker, P.S. Sahebganj, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Sahebganj P.S. Case No.305 of 2013, registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The petitioner No.1 is the father of the deceased and petitioner No.2 is the brother of the deceased. Allegation has been made that on the day of incident deceased entered into the house in intoxicated condition and started abusing the family members, which lead to the altercation and when he received injury on the head he died. Specific allegation has been made against the petitioner No.1 of causing cut injury in the hand of the deceased and on account of drain of the

Patna High Court Cr.Misc. No.52149 of 2015 (3) dt.09-02-2016 2/2 bleeding the deceased has died.

Looking to the nature of allegation, relationship and the nature of incident took place inside the house, let the petitionersRam Narayan Sahni and Sunil Sahni be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, West Muzaffarpur, in connection with Sahebganj P.S. Case No.305 of 2013, subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner;

(ii) If the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail and;

(iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner.

(Shivaji Pandey, J) pawan/- U