Kundan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56710 of 2018 Arising Out of PS.Case No. -101 Year- 2018 Thana -LAHERIYASARAI District- DARBHANGA ======================================================

1. Kundan Sah S/o Ram Babu Sah, R/o vill.- Maadarpur, P.S.- Laheriasarai, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Laheriasarai P.S. Case No. 101/2018, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 326, 307 and 302 of the Indian Penal Code. It is alleged in the written report that brother of informant had gone with his friend to Maulaganj boarding on motorcycle. At about 8.45 P.M. friend of his brother told him that this petitioner along with other accused persons has assaulted his brother with knife. The brother of informant was taken to DMCH. On getting information, the informant reached at D.M.C.H. where he found dead body of his brother. It is further alleged that friend of deceased disclosed the informant that co-accused Chanda

Patna High Court Cr.Misc. No.56710 of 2018 (4) dt.06-11-2018 2/2 Kumar has given indiscriminate Chaku blow, on account of which he fell down and became unconscious.

Post-mortem report is available in case dairy, wherein doctor has found only one injury on the chest of deceased. Learned counsel for the petitioner has submitted that during investigation witnesses have stated that co-accused Chandan Kumar and Abhishek have assaulted the deceased by knife on his chest. Petitioner is in custody since 05.03.2018. It is further submitted that other co-accused has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 38844/2018 dated 24.07.2018.

Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 101/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T