Bhutti Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41063 of 2020 Arising Out of PS. Case No.-102 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== 1.

Bhutti Sahani Son of Sheo Bachan Sahani Resident of Village - Majhawaliya, P.S.- Mohammadpur, Distt.- Gopalganj. 2.

Rambabu Sahani Son of Bhutti Sahani Resident of Village - Majhawaliya, P.S.- Mohammadpur, Distt.- Gopalganj.

3.

Nand Kishore Sahani Son of Fulana Sahani Resident of Village - Majhawaliya, P.S.- Mohammadpur, Distt.- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3937 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Shanti Devi @ Shani Devi Wife of Bhutti Sahani Resident of Village - Majhawaliya, Police Station - Mohammadpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41063 of 2020) For the Petitioner/s :

Mr.Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP (In CRIMINAL MISCELLANEOUS No. 3937 of 2021) For the Petitioner/s :

Mr.Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-04-2021 Heard learned counsel for the petitioners and learned A.P.P for the State through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Mohammadpur P.S.

Patna High Court CR. MISC. No.41063 of 2020(3) dt.06-04-2021 2/3 Case no. 102 of 2020 registered under sections 302, 307, 147 , 148, 149, 323, 324, 341 and 504 of the Indian Penal Code. As per allegation in the F.I.R., the eight named accused persons including the four petitioners herein are stated to have entered into altercation, of having abused the informant and thereafter of having assaulted informant and his son leading to the death of his son and injury to others. It is submitted by learned counsel for the petitioners that the allegations against these petitioners are general and omnibus in nature and are not supported either from the postmortem report of Jitendra Sahani nor from the injury report of Maharaj Sahani. The petitioners are in custody since 31.5.2020, investigation in the case has concluded and the petitioners have no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioners together with the period in custody, this Court is inclined to enlarge the petitioners on bail. The above four petitioners are directed to be enlarged on bail in connection with Mohammadpur P.S. Case no. 102 of 2020 on furnishing bail

Patna High Court CR. MISC. No.41063 of 2020(3) dt.06-04-2021 3/3 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-I, Gopalganj.

(Partha Sarthy, J) Bibhash/- U T