Amarnath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.102 of 2022 Arising Out of PS. Case No.-143 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

AMARNATH SAHNI Son of Dharikshan Sahni Resident of VillageIsmaila, P.S.- Rajepur, District- East Champaran (Motihari). 2.

Surendra Sahni Son of Late Ramchandra Sahni Resident of Village- Turki Balua, P.S.- Mahindwara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioners and the State.

Petitioners seek regular bail in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code.

As per the prosecution case, this petitioner along with co-accused Surendra Sah assaulted son of the informant with lathi, danda as a result of which he died.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. FIR has been lodged after delay of three months without and plausible reason for delay in lodging of the FIR. He

Patna High Court CR. MISC. No.102 of 2022(3) dt.28-04-2022 2/2 submits that no such occurrence ever took place and in fact victim consumed liquor and met with an accident and died of injuries in course of treatment. They are in custody since 10.8.2021. Investigation is complete.

Considering the aforesaid facts and circumstances of the case and the delay of three months in lodging of the FIR, prayer for bail of the petitioners is allowed. Let all the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, Muzaffarpur west in Saraiya Jaintpur OP Police Station Case No. 143 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T