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Patna High CourtCR. MISC./39836/2019bail granted

Lal Bahadur Sahni v. The State Of Bihar

2019-08-27Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39836 of 2019 Arising Out of PS. Case No.-155 Year-2018 Thana- KHANPURA District- Samastipur ====================================================== LAL BAHADUR SAHNI, S/o Late Ram Pratap Sahni, R/o village- Dadhiya Ramkrishnapur, P.S.- Samastipur Mufassil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Khanpur P.S. Case No.155 of 2018 instituted for the offence under Section(s) 341, 323, 324, 307, 302/34 Indian Penal Code.

In the written report, it is alleged that on the date of occurrence the petitioner and other accused, as named, assaulted father of the informant by kick, fists etc. The informant came to save his father, then co-accused, Laxman Sahni, assaulted him by means of spade on his right hand. In the meantime, this petitioner pressed neck of father of the informant on account of which he died.

Counsel for the petitioner submits that in the postmortem report no external or internal injury has been found.

Patna High Court CR. MISC. No.39836 of 2019(3) dt.27-08-2019 2/2 The cause of death could not be ascertained.

Petitioner is in custody since 31.03.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Samastipur, in connection with Khanpur P.S. Case No.155 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T