Buto Sah @ Hansraj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62816 of 2017 Arising Out of PS.Case No. -191 Year- 2017 Thana -DHURAIYA District- BANKA ====================================================== Buto Sah @ Hansraj Sah S/o Ina Sah @ Bishundeo Sah @ Bishnudeo Sah, R/o Village- Kushmi, P.S.- Dhoraiya, District- Banka. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.63600 of 2017 Arising Out of PS.Case No. -191 Year- 2017 Thana -DHURAIYA District- BANKA ====================================================== Ina Sah @ Bishundeo Sah @ Bishnudeo Sah Son of Late Musai Sah, Resident of Village -Kushmi, Police Station-Dhoraiya, District-Banka. .... .... Petitioner

Versus

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

(In Cr.Misc. No.62816 of 2017) For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. Sri Vinod Shankar Modi, APP. (In Cr.Misc. No.63600 of 2017) For the Petitioner/s : Mr. Praveen Kumar, Adv. For the Opposite Party/s : Mr. Sri Vinod Shankar Modi, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to FIR, nine persons allegedly

Patna High Court Cr.Misc. No.62816 of 2017 (3) dt.17-02-2018 committed assault by throwing bricks etc for dispute relating to encroachment by erection of boundary wall. Petitioners were also amongst them. Doctor has found single trauma at the left chest which cause cardio respiratory failure. Learned counsel for the informant opposed the prayer for bail.

The FIR of the case diary does not reveal a case of intentional death, hence, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dhoraiya Police Station Case No.191 of 2017, subject to the condition that the petitioners shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T