Dinesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70162 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== DINESH SAHANI Son of Hiranand Sahni Resident of Village - Damovriti, Machhar Ganwan, P.S.- Harsidhi, Distt - East Champrana. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Shanker Prasad For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Harsidhi PS Case No.148/19 , registered for offences punishable under Sections 341, 323, 302/34 of the Indian Penal Code. Petitioners and other accused persons are said to have assaulted the son of the informant causing injury to him and later on he succumbed to the injuries.
Submission of the learned counsel for the petitioner is that there is general and omnibus allegation against the petitioner and other accused persons rather on the whole family members of the petitioners and the postmortem report shows only one injury on the person of the deceased and even as per FIR, no case is made out under Section 302 of the IPC
Patna High Court CR. MISC. No.70162 of 2019(2) dt.15-11-2019 2/2 rather at best case is under Section 304 of the IPC. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran at Motihari in connection with Harsidhi P.S.Case No.148 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T