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Patna High CourtCR. MISC./52188/2016bail granted

Rabin Sahani v. The State Of Bihar

2017-01-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52188 of 2016 Arising Out of PS.Case No. -185 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Rabin Sahani, S/o Rajendra Sahani, Resident of Village- Kulhariya, P.S.- Parbatta, District- Khagaria .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar, Adv. For the State : Mr. Nagendra Prasad, APP For the informant : Mr. Chandan Kumar Kashyap, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

According to the first information report, co-accused, Vikas Sahni, fired from a very close range near pineal of the husband of the informant, thereafter, this petitioner also fired from his pistol causing injury at the head of the husband of the informant, as a result whereof husband of the informant died. The post mortem report reveals that the doctor has found single wound in front of left ear. The charring mark was also present and other wound was wound of exit. Submission is of false implication on suspicion. The learned counsel for the informant opposite the prayer for bail.

The learned counsel for the State, after perusal of the case diary, submits that no other eye witness has supported allegation of causing fire arm injury by the petitioner. Considering the aforesaid fact, the petitioner, above

Patna High Court Cr.Misc. No.52188 of 2016 (3) dt.10-01-2017 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 in connection with Parbatta P.S. Case No. 185 of 2016 to the satisfaction of the Chief Judicial Magistrate, Khagaria, or successor Court.

(Birendra Kumar, J) SA/- U √ T √