Nand Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33914 of 2018 Arising Out of PS.Case No. -171 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Nand Kumar Sah, Son of Harendra Sah, Resident of Village- Sikandarpur, P.S.- Sangrampur, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sangrampur PS case no. 171 of 2017 instituted for the offences punishable under Section 302/34 of Indian Penal Code. The allegation is regarding the brother of the informant having dashed the motorcycle against the petitioner herein and the petitioner herein is said to have been injured, whereafter other co-accused persons had assembled and had assaulted the brother of the informant with fists and slaps resulting in his death.

The learned counsel for the petitioner submits that the petitioner was himself injured in the said accident and

Patna High Court Cr.Misc. No.33914 of 2018 (3) dt.23-07-2018 2/2 therefore, he could not have assaulted the informant. It is further submitted that in any view of the matter, the allegation is general and omnibus and similarly situated co-accused person has already been granted bail by this Court vide order dated 20.02.2018 passed in Cr.Misc. no. 9916 of 2018. The petitioner is said to be having a clean antecedent and he is languishing in custody since 16.10.2017.

Having regard to the facts and circumstances of the case, I deem it fit and appropriate to direct for release of the petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge, East Champaran in connection with Sangrampur PS case no. 171 of 2017. (Mohit Kumar Shah, J) rinkee/- U T