Harish Chandra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74303 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- BELSAND District- Sitamarhi ====================================================== Harish Chandra Sah Son of Late Surya Sah @ Suraj Sah R/o Hanuman Nagar, Ward No.10, P.S. Belsand, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Satyadev Prasad Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Belsand P.S. Case No. 96 of 2018, instituted for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. Subsequently, Section 302 Indian Penal Code was added.

It is alleged in the written report that petitioner along with three other accused persons assaulted brother of the informant namely Suresh Sah with iron rod, lathi and sharp cutting weapon on his head. He subsequently died during course of treatment in SKMCH.

Case diary has been received.

Post mortem report is available in the case diary wherein the Doctor has found only one injury on the person of

Patna High Court Cr.Misc. No.74303 of 2018(3) dt.11-01-2019 2/2 the deceased.

Counsel for the petitioner submits that petitioner is in custody since 20.9.2018 having clean antecedent. He further submits that other co-accused with similar allegation has been granted bail by coordinate Bench of this Court vide order dated 6.10.2018 passed in Cr. Misc. 61487 of 2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Belsand P.S. Case No. 96 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T