Munna Sahani @ Garibnath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31187 of 2017 Arising Out of PS.Case No. -531 Year- 2016 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Munna Sahani @ Garibnath Sahani, S/o Late Vishwanath Sahani, resident of village - Gosai Tola, P.S. - Kanti, District - Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Kanti P.S. Case No. 531 of 2016 registered for the offences punishable under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner and other co-accused persons is of firing on the deceased causing his death. Submission of learned counsel for the petitioner is that petitioner and several other accused persons have been made accused by the informant in FIR itself. Further submission is that allegation is general and omnibus in nature and only two injuries were found on the person of deceased and further injured Arbind Kumar has not named this petitioner, rather two unknown persons have been named alleging firing against them upon him and petitioner is in custody since 6.5.2017. Further submission is that co-accused having similar allegation, namely, Shambhu Paswan

Patna High Court Cr.Misc. No.31187 of 2017 (3) dt.14-09-2017 2/2 and others have been granted bail by this Court. Heard learned APP also.

Having heard both sides and in view of facts and circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Kanti P.S. Case No. 531 of 2016, subject to the following conditions :- (1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear in court on each and every date fixed in the case and on failure to appear without any genuine ground or without permission of court, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U