Rambachchan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.806 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== Rambachchan Sahani, son of late Ramashray Sahani, resident of village Puchharia Babu Tola, P.S. Sangrampur, Distt. East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate.

For the informant : Rajesh Kumar, Advocate. Kundan Kumar, Advocate.

For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Sangrampur P.S. Case No. 142 of 2018, instituted for the offence under Section 302 of the Indian Penal Code.

Counsel for the petitioner submits that in the written report there is specific allegation against co-accused Balak Kumar and Jalelshwar Sahani of giving 'ikari' blow on the chest and head of son of the informant namely Arjun Sahani. It is also alleged that co-accused Gopal Sahani gave Barchhi blow on his left leg. He also gave Barchhi blow with intention to kill Arjun Sahani, which caused hurt to his left leg. The informant and his son Radheshyam Kumar came to save Arjun Sahani, then Motilal Sahani gave Barchhi blow to Radheshyam Sahani which caused injury to his left leg. It is

Patna High Court Cr.Misc. No.806 of 2019(2) dt.17-01-2019 2/2 further alleged that all the accused persons assaulted the informant with leg and fists.

In the written report it is alleged that on the order of this petitioner, the assault has been made by other co-accused. No allegation of assault has been levelled against the petitioner. It is mentioned in paragraph-3 of the bail petition that petitioner has clean antecedent.

Counsel for the informant has appeared and opposed the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 learned 13th Additional Chief Judicial Magistrate, East Champaran, Motihari, in connection with Sangrampur P.S. Case No. 142 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T