Patna High CourtCR. MISC./46033/2016bail granted

Kameshwar Sahani And ANR v. The State Of Bihar

2016-10-28Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.46033 of 2016 (3) dt.28-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46033 of 2016 Arising Out of PS.Case No. -94 Year- 2016 Thana -MASRAKH District- SARAN ======================================================

1. Kameshwar Sahani Son of Khedan Sahani

2. Chhathu Sahani Son of Kameshwar Sahani Both resident of Village- Deoria, P.S. Masharak, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni For the Opposite Party/s Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 28.10.2016 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 302, 307 and other minor sections of the Indian Penal Code. Petitioners are said to have caught the hands of the deceased whereas other accused assaulted the deceased by means of Sabbal as a result whereof deceased died. Furthermore, it is alleged that petitioner no.2 gave dagger blow causing injury on the hand of the informant. It is submitted on behalf of the petitioners that petitioners are in jail custody since 29.7.2016 and investigation against them has already been completed. It is further submitted that, as a matter of fact, FIR goes to show that suddenly, a fight took place between the parties and there was no intention of the accused persons to commit murder of the deceased.

Patna High Court Cr.Misc. No.46033 of 2016 (3) dt.28-10-2016 Considering the nature of allegation against the petitioners as well as facts and circumstances and also taking note of this fact that petitioners do not have any criminal antecedent and investigation against them has already been completed, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in Masharak P.S. Case no. 94/2016.

shahid (Hemant Kumar Srivastava,J) U T