Patna High CourtCR. MISC./39746/2019bail granted

Ram Charan Sahni @ Shiv Charan Sahni v. The State Of Bihar

2019-06-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39746 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- KALUAHI District- Madhubani ======================================================

1. Ram Charan Sahni @ Shiv Charan Sahni S/o Ramhit Sahni, resident of village Dekuli Dharmpur, P.S. Piprahi, District Sheohar

2. Md. Jamil Akhatar @ Akbar @ Md. Jamil S/o Ishak Ansari, resident of village Hussaina, P.S. Sitamarhi, District Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 of Explosive Substance Act.

Allegation is that the the F.I.R. named accused persons and some unknown persons armed with lathi, danda came at the house of the informant and accused Dinesh Yadav fired from his pistol upon the victim, which hit on his chest. It has been submitted on behalf of the petitioners that the petitioners are in custody since 30.01.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are

Patna High Court CR. MISC. No.39746 of 2019(2) dt.28-06-2019 2/2 not named in the F.I.R. Their name has come in course of investigation as members of unlawful assembly. The main allegation of assault is alleged against the co-accused Dinesh Yadav, who is said to have fired upon the victim. On behalf of the State, it is submitted that the petitioners not named named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri M. Dubey, Judicial Magistrate, Madhubani in connection with Kaluahi P.S. case No.190 of 2018.

(Sudhir Singh, J) Narendra/- U T