Krishna Sah And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6909 of 2017 Arising Out of PS.Case No. -152 Year- 2014 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Krishna Sah S/o Shankar Sah

2. Subhas Sah S/o Shankar Sah Both Resident of Village- Bediban Madhuban, P.S.- Pipra, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr.Sangeet Deokuliar For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case instituted under Sections 302/34 of the Indian Penal Code.

The prosecution story, in brief, is that on the alleged date of occurrence, the accused persons came to the house of the informant and started assaulting his father, as a result of which, his father felt pain in stomach. Thereafter he was referred to Sadar Hospital, Motihari, where he died.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 29.08.2016. The charge sheet has been submitted in the present case. The petitioners have got no

Patna High Court Cr.Misc. No.6909 of 2017 (2) dt.09-03-2017 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Both the parties are agnates. General and omnibus allegation has been made against the petitioners. From perusal of the postmortem report, it appears that the deceased has died due to secondary haemorrhage. The other co-accused have been granted bail vide Annexure-3 to the present application.

On behalf of the state, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Motihari, East Champaran, in connection with Pipra P.S. Case No. 152 of 2014.

(Sudhir Singh, J.) Amit/- U T