Bindi Sahani @ Bindeshwar Sahani And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47555 of 2014 Arising Out of PS.Case No. -36 Year- 2012 Thana -GAYGHAT District- MUZAFFARPUR ======================================================

1. Bindi Sahani @ Bindeshwar Sahani

2. Bansh Lal Sahani,

3. Hansh Lal Sahani All three are sons of- Late Mangal Sahani

4. Jasar Sahani, Son of- Late Sattan Sahani, All are Resident of- Mahuara, P.S.- Gaighat, District- Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s : Mr. Nagendra Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-03-2015 Heard learned counsel for the petitioners as well as learned APP for the State.

While informant was away from his house, he was informed telephonically by his wife regarding assault being inflicted over person of his mother. He rushed to his house and found his mother, Jipsy Devi dead. Also found blood scattered. He was also informed regarding assailants, Bindi Sahani, Jasar Sahani, Pragash Sahani, Hanslal Sahani, Vanshlal Sahani and Sattan Sahani.

It has been submitted on behalf of the petitioners that from the Fard-e-beyan itself, it is evident that wife of informant while informing regarding assault over person of the deceased had not disclosed the names of assailants, which informant came to

Patna High Court Cr.Misc. No.47555 of 2014 (2) dt.03-03-2015 know subsequently after his arrival at his house. Apart from this, from the order impugned, it is evident that two ante-mortem injuries caused by hard and blunt substance have been found over the person of the deceased for which six accused persons have been named. Furthermore, two accused carrying similar allegation, namely, Sattan Sahani and Pragash Sahani vide Cr.Misc.No.271/2014 have already been granted bail vide order dated 03.03.2014.

On the other hand, learned APP opposed the prayer for bail.

Accordingly, petitioners, namely, 1. Bindi Sahani @ Bindeshwar Sahani, 2. Bansh Lal Sahani, 3. Hansh Lal Sahani and

4. Jasar Sahani are directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Gaighat P.S. Case No. 36/2012. (Aditya Kumar Trivedi, J) perwez U T