Shyam Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70710 of 2018 Arising Out of PS. Case No.-99 Year-2018 Thana- UJIYARPUR District- Samastipur ====================================================== Shyam Kumar Sahni son of Upendra Sahni, resident of Village- Chandauli, Ward No. 7, Police Station- Ujiarpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zeyaul Hoda For the Opposite Party/s :

Mr. Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ujiarpur P.S. Case No. 99 of 2018 for the offences punishable under Sections 307, 302, 323, 325/34, 341, 504 and 506 of the Indian Penal Code.

The case of the prosecution is that during quarrel, the accused persons had brutally assaulted the wife of the informant resulting in her falling on the ground after becoming unconscious, whereafter she died during the course of her treatment.

The learned counsel for the petitioner has referred to the inquest report and postmortem report wherein it has been specifically stated that the deceased had got injured on account

Patna High Court Cr.Misc. No.70710 of 2018(3) dt.10-01-2019 2/2 of train accident and she died during the course of the treatment. It is further submitted that even otherwise there is general and omnibus allegation and no specific overt act has been alleged as against the petitioner herein. The petitioner is stated to be having a clean antecedent and is languishing in custody since 16.07.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dalsingsarai in connection with Ujiarpur P.S. Case No. 99 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T