Vinay Kumar Sah @ Vijay Sah @ Vinay Sah @ Binay Kumar Sah @ Binay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15367 of 2016 Arising Out of PS.Case No. -129 Year- 2015 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Vinay Kumar Sah @ Vijay Sah @ Vinay Sah @ Binay Kumar Sah @ Binay Sah, son of Jawahar Sah, Resident of Village- Murautpur, P.S. Desri, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 302 and 34 of the I.P.C Allegedly, during course of puja the husband of the informant was assaulted at first by the co-accused, the brother-inlaw of the petitioner and thereafter the petitioner and 4-5 boys assaulted the husband of the informant with brick, feet and fat resulting the husband of the informant became unconscious and thereafter they fled away. During treatment the informant's husband succumbed to the injuries.

Submission is of false implication and that the deceased was Bhagat and during puja he fell down on the ground

Patna High Court Cr.Misc. No.15367 of 2016 (4) dt.05-07-2016 2/3 and sustained injuries, the case has been compromised and the compromise petition has also been filed in the learned court below, in the light of the direction passed in Cr. Misc. No. 51501 of 2015 by order dated 29.01.2016 the petitioner has surrendered and he is in custody since 11.02.2016, there is no specific allegation against him and as such he deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail but fairly submits that there is no specific allegation against the petitioner. In the facts and circumstances as stated above, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Vaishali at Hajipur in Desri P.S. Case No. 129 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/-

Patna High Court Cr.Misc. No.15367 of 2016 (4) dt.05-07-2016 3/3 U T