Pramod Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9426 of 2016 Arising Out of PS.Case No. -329 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Pramod Sahni, Son of Ganesh Sahni @ Ganni Shani Resident of VillageBasant Kharuna, P.S.- Kudhani (O.P.- Tuki), District- Muzaffarpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 25-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Kudhani P.S. Case No.329 of 2015 registered under Sections 302/34 of the Indian Penal Code.
The accusation is that on 09.09.2015 at about 10.30 P.M., Indu Sahni, the brother of the informant, Bindeshwar Sahni, was taken by four co-accused on the pretext of he being a thief and caused assault. The informant and other villagers while tried to rescue his brother but they were not ready to leave him. In the mean time, the petitioner and four other co-accused also reached and carried the brother of the informant and in the next morning,
Patna High Court Cr.Misc. No.9426 of 2016 (3) dt.25-04-2016 2/2 the brother of the informant was found lying dead. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that while the petitioner is named in the F.I.R. but no specific overt act has been attributed to him. The petitioner is only said to be a member of mob. Further submission is that the co-accused Vidya Sahni alias Vidyanand Sahni, has already been granted bail by a Bench of this Court vide order dated 09.03.2016 passed in Criminal Misc. No.621 of 2016. The petitioner having no criminal antecedent is in custody since 11.09.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Santosh Kumar Jha, Judicial Magistrate, First Class, Muzaffarpur, in connection with Kudhani P.S. Case No.329 of 2015.
(Rajendra Kumar Mishra, J) P.S./- U T