Ravindra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13879 of 2022 Arising Out of PS. Case No.-174 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

Ravindra Sahani Son of late Baban Sahani Resident of Village - Damobriti, P.s.- Harsidhi, Distt.- East Champaran.

2.

Dinesh Sahani Son of Hiranand Sahani Resident of Village - Damobriti, P.s.- Harsidhi, Distt.- East Champaran.

3.

Rahul Sahani Son of Hiranand Sahani Resident of Village - Damobriti, P.s.- Harsidhi, Distt.- East Champaran.

4.

Tara Chand Sahani Son of Vishwanath Sahani Resident of Village - Majhariya, P.s.- Raghunathpur (O.P.) Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-11-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioner nos. 1, 3 and 4 apprehend their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other FIR named accused persons committed murder of father of informant by pouring hot liquor and drowning in the water. After committing murder, the accused persons threw the dead body near Janta Bazar in the night.

Patna High Court CR. MISC. No.13879 of 2022(4) dt.21-11-2022 2/2 It is submitted that informant is not eye-witness of the occurrence and only on suspicion petitioners have been made accused in this case. He further submits that though there is allegation of pouring hot liquor over the body of deceased, but in the postmortem report, the doctor has not found any burn injury on the person of deceased. The death has been caused by asphyxia due to drowning. Moreover, FIR has been lodged after delay of four days without any plausible explanation. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioner nos. 1, 3 and 4 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Motihari, East Champaran in connection with Sangrampur P.S. Case No. 174 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T