Balkaran Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38088 of 2017 Arising Out of PS. Case No.-41 Year-2017 Thana- DHANAHA District- West Champaran ====================================================== BALKARAN SAHANI, Son of Ram Naresh Sahani @ Naresh Sahani, resident of village- Banjaraiya Police Station- Semara District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Dhanaha Police Station Case No. 41 of 2017, disclosing offences under Sections 304/34 of the Indian Penal Code. Learned Counsel appearing on behalf of the petitioner has submitted that no motive can be attributed against him for the occurrence and evidently it was an accidental death of the deceased. He has submitted that as a matter of fact, the petitioner had attempted the deceased to be taken to the hospital. Considering the above submissions and the fact that there is nothing in the First Information Report attributing any overt act against the petitioner, this application is allowed.

Patna High Court Cr.Misc. No.38088 of 2017(4) dt.30-10-2017 2/2 Let the petitioner, Bal Karan Sahani in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Dhanaha Police Station Case No. 41 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √