Dinesh Sahni @ Umesh Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.10790 of 2017 (3) dt.03-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10790 of 2017 Arising Out of PS.Case No. -531 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ======================================================

1. Dinesh Sahni @ Umesh Sahni, Son of Late Baidyanath Sahni, resident of Village- Kanti Gosai Tola, Ward No.11, P.S.- Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pradeep Kumar Sinha For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kanti (Muzaffarpur) P.S. Case No. 531/2016, registered under Sections 147, 148, 149, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that when the informant Parwati Devi along with her husband Manoj Sahni reached at the cloth shop of Arvind Kumar Bela, 6-8 persons, named in the FIR including the petitioner, reached there. On the order of the petitioner, firing was made, in which Manoj Sahni, husband of the informant Parwati Devi, sustained injury and died on the spot. At

Patna High Court Cr.Misc. No.10790 of 2017 (3) dt.03-05-2017 that time, Shambhu Paswan made firing, which hit at Arvind Kumar Bela, shopkeeper, who sustained injury. On earlier occasion, on 17.11.2016, this petitioner and others had also caused injury to the husband of the informant regarding which Kanti P.S. Case No. 518/2016 was instituted on 17.11.2016. Learned counsel for the petitioner submits that it would appear from the FIR that the informant, the petitioner and other accused are co-villagers. While the informant has disclosed the name of the petitioner and seven others, but injured Arvind Kumar Bela, who is also the co-villager of informant and petitioner has stated in his statement that two unknown came at the shop and made firing, in which he and the deceased sustained injury.

Having regard to the facts and the circumstances of the case, the petitioner, Dinesh Sahni @ Umesh Sahni, above named, is directed to 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 Sub Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Kanti (Muzaffarpur) P.S. Case No. 531/2016.

(Rajendra Kumar Mishra, J.) Rakhi U T