Lakhindra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35477 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

LAKHINDRA SAH Son of Late Channar Sah 2.

Sonu Sah Son of Sri Lakhindra Sah both Resident of Village - Goraia, P.S.- Kudhani, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in a case registered for the offence punishable under Sections 307, 324, 34 of the Indian Penal Code.

The prosecution case is that on 08.05.2018 complainant were sleeping in their house at 2 PM, petitioner no. 1 Lakhindra Sah and petitioner no. 2 Sonu Sah tried to kill the complainant by Hasuli and when complainant started shouting, his wife and son wake up and then petitioners fled away. Learned counsel for the petitioners submits that the occurrence took place on 08.05.2018 and complaint was filed on 04.01.2019 after delay of 8 months and there is no plausible

Patna High Court CR. MISC. No.35477 of 2019(4) dt.30-08-2019 2/2 explanation has been given for such delay. It is mentioned in para-3 of the petition that one case bearing Kudhani P.S. Case No. 434 of 2017 dated 03.11.2017 had been filed by the informant against the petitioners in which they are on bail. In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III (west), Muzaffarpur in connection with Kudhani Police Station Case No. 98 of 2019. (Anjani Kumar Sharan, J) devendra/- U T