Kamal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24952 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BISHUNPUR District- Darbhanga ======================================================

1. KAMAL SAHNI 2, Lankesh Sahni @ Raju Sahni Both sons of Late Revi Sahni, r/v, Mustafapur, P.S. Bishanpur (Godhiyari/Goriari), Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-04-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners have been in custody since 08.02.2019 in connection with Bishanpur P.S. Case No. 18 of 2019 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that admittedly there was no dispute between these two petitioners and the deceased. It is submitted that only because the informant's husband had interfered in the dispute and Marpit which was taking place, the present two petitioners and one Ghanshyam Das (the deceased) got seriously injured and the said Ghanshyam Das died. There is no allegation in particular that these two

Patna High Court CR. MISC. No.24952 of 2019(2) dt.19-04-2019 2/2 petitioners attacked the deceased. It has been stated in the FIR itself that the dispute led between the said Ghanshyam Das and the deceased on account of some fight which had taken place ten days prior to the date of occurrence. He thus submits that the petitioners are not having any criminal antecedents, they may be extended the privilege of regular bail.

Having considered the entire facts and circumstances of the case and there being no particular role attributed to these petitioners, let the petitioners (Kamal Sahni and Lankesh Sahni) 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 learned Chief Judicial Magistrate, Darbhanga, in connection with Bishanpur P.S. Case No. 18/2019. (Anjana Mishra, J) Saif/- U T