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Patna High CourtCR. MISC./42190/2018bail granted

Shankar Sada And ANR v. The State Of Bihar

2018-09-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42190 of 2018 ======================================================

1. Shankar Sada, S/o Narayan Sada,

2. Mukesh Sada S/o Domi Sada, Both R/o Vill.- Chautara Muradpur, P.S.- Nauhatta, District- Saharsa.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Nauhatta P.S. Case No. 02/2018, instituted for the offence under Section 302/34 of the Indian Penal Code.

It is alleged in the written report that son of the informant had gone to work in the field of Boua Chaudhary but he did not return till evening. At about 7-8 PM, she got message that the petitioners along with co-accused Boua Chaudhary has assaulted her son. Raghuni Sada brought her son to her house. She saw that blood was oozing from his nose, ear and also on the chest. Raghuni Sada told her about the occurrence and assault caused by F.I.R. named accused persons. Son of the informant

Patna High Court Cr.Misc. No.42190 of 2018 (3) dt.24-09-2018 2/2 died in the night without disclosing anything about the occurrence. Learned counsel for the petitioners has submitted that the informant is not eye-witness of the occurrence. Raghuni Sada had told the informant about the occurrence.

The petitioner is in custody since 16.01.2018. Considering the aforesaid fact and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saharsa in connection with Nauhatta P.S. Case No. 02/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J.) Rakhi U T