Patna High CourtCR. MISC./48727/2018bail granted

Arjun Sahani v. The State Of Bihar

2018-10-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48727 of 2018 Arising Out of PS.Case No. -126 Year- 2013 Thana -MADHUBAN District- EASTCHAMPARAN (MOTIHARI) ====================================================== Arjun Sahani, son of late Bishuni Sahni @ Vishun Sahani, Resident of Village- Nankar Jogawaliya Kharsal, P.S. Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 26-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Madhuban P.S. Case No.126 of 2013 instituted for the offence under Section(s) 302/34 Indian Penal Code.

In the written report, it is alleged that this petitioner along with other accused persons, as named in the written report, assaulted the son of the informant with fists, and legs causing his death.

Counsel for the petitioner submits that there is no specific allegation against the petitioner. Counsel for the petitioner further submits that in the post mortem report cause of

Patna High Court Cr.Misc. No.48727 of 2018 (4) dt.26-10-2018 2/2 death is due to brain haemorrhage and shock on account of head injury and the allegation in the written report is that petitioner and other accused assaulted the son of the informant with fists and legs.

It has been submitted that one of the co-accused has been granted bail by a co-ordinate Bench of this Court by order dated 21.05.2018 passed in Cr. Misc. No.19852 of 2018. Case diary has been received, wherein, postmortem report is available.

Petitioner is said to be in custody since 07.06.2018. In the facts and circumstances of the case, 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 4th Additional Chief Judicial Magistrate, East Champaran, Motihari, in connection with Madhuban P.S. Case No.126 of 2013, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) JA/- Rohit Kr.

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