Chanchal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40341 of 2016 Arising Out of PS.Case No. -244 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Chanchal Sahani Son of Sukendra Sahani resident of village - Maduaha Chhota Tola, Police Station Nautan, District West Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-147, 149, 120(B), 302 of the Indian Penal Code. Petitioner is named in the first information report but only general allegation of assault has been levelled against him. Moreover, it is specific case of the prosecution that it were coaccused Lalan Sahani and Sukendra Sahani, who started assaulting the deceased by means of Lathi. However, it is informed on behalf of the petitioner that one co-accused namely, Sukendra Sahani is facing trial before the Sessions Court in Sessions Trial No. 92 of 2016 in which, the informant and some so-called eye witnesses were examined but they have not supported the prosecution case
Patna High Court Cr.Misc. No.40341 of 2016 (3) dt.15-12-2016 2/2 nor claimed themselves to be eye witnesses of the alleged occurrence. The petitioner is languishing in jail custody since 0602-2016 and as stated above, he does not have any specific allegation.
Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nautan P.S. Case No. 244 of 2015 to the satisfaction of learned Additional Chief Judicial Magistrate, Bettiah, West Champaran.
(Hemant Kumar Srivastava, J) A.K.V./- U T