Pundeo Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40747 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Pundeo Sahani Son of Asharfi Sahani resident of Village - Nayaka Tola, P.S. - Madhuban, Distt. - East Champaran at Motihari. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sanjay Kumar Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

The petitioner apprehends his arrest in Madhuban P.S. Case No. 69/2014, registered for the offences punishable under Section 302 and other sections of the Indian Penal Code. The informant named 13 persons and alleged that they all killed his father by spear and lathi.

It is submitted that no specific allegation is made against the petitioner Pundeo Sahni. Similarly, situated co-accused Kailash Sahni has already been enlarged on bail vide order passed in Cr. Misc. No. 17345/2015. Other co-accused persons have also been enlarged on bail vide order passed in Cr. Misc. No. 42763/2014 and Cr. Misc. No. 43831/2014.

The informant made omnibus and general allegation of assault against all 13 persons including the petitioner, but from perusal of the order passed in 17345/2015, it appears that the informant made specific allegation that Yogendra Sahni inflicted spear blow on the chest of his father.

Patna High Court Cr.Misc. No.40747 of 2015 (2) dt.05-10-2015 2/2 Similarly situated co-accused Chandrika Sahni, Bansi Sahni and Rajendra Sahni have been granted anticipatory bail in Cr. Misc. No. 639/2015. The case of the petitioner stands on the similar footing.

Considering the facts aforesaid, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Judicial Magistrate Ist Class, Sikrahna at Motihari in connection with Madhuban P.S. Case No. 69/2014, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T