Shrawan Sahni And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10172 of 2018 Arising Out of PS.Case No. -177 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Shrawan Sahni, Son of Vikarma Sahni,
2. Vikarma Sahni, son of Jokhan Sahni. Both residents of Village Majhariya, P.S. Paharpur, Mallahi (O.P.), District - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are in custody in connection with Paharpur P.S. Case No.177 of 2017, a case under Sections 147/148/149/341/323/324/307/379/504/506 of the Indian Penal Code. Later on offence under Section 302 of the of the Indian Penal Code was added.
According to FIR, the petitioner Shrawan Sahni and others allegedly assaulted to Bhikhar Sahni on 25.06.2017. Shrawan Sahni assaulted with Barchhi causing injury at the stomach, thigh and right hand. Petitioner Vikarma Sahni did not assault to the deceased. Informant is eyewitness of the occurrence. The doctor has not found any external injury at the
Patna High Court Cr.Misc. No.10172 of 2018 (3) dt.03-04-2018 P/2 stomach of the deceased while performing post mortem examination. The victim died during course of treatment on 31.07.2017 and according to opinion of the doctor septicemia was the cause of death. On the basis of aforesaid material prayer is for bail.
Learned counsel for the informant opposed the prayer on the ground that witness Santosh Singh has stated before the police at para-8 of the case-diary that the accused Vikarma Sahni had also assaulted to the deceased. In para-45 of the casediary, there is dying declaration of the victim, recorded on 05.07.2017, wherein he stated that on the order of Vikarma Sahni, petitioner Shrawan Sahni and co-accused Satyedra Sahni, who were carrying spear and Barchhi, assaulted to him. Considering the fact that the medical report is not consistent with the prosecution allegation, the petitioners are in custody since 05.08.2017 and investigation of the case is already complete, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Paharpur Police Station Case No.177 of 2017, with condition that the petitioners shall fully cooperate with the investigation/trial of
Patna High Court Cr.Misc. No.10172 of 2018 (3) dt.03-04-2018 P/3 the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.
(Birendra Kumar, J) Mkr./- U T