Khushi Lal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83868 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Khushi Lal Sah Son of Late Jagdish Sah Resident of Village - Alamnagar, East Ward No. 7, P.S.- Alamnagar, District- Madhepura 2.

Rangil Sah Son of Late Jagdish Sah Resident of Village - Alamnagar, East Ward No. 7, P.S.- Alamnagar, District- Madhepura 3.

Rishideo Kumar @ Yogendra Sah Son of Rangil Sah Resident of Village - Alamnagar, East Ward No. 7, P.S.- Alamnagar, District- Madhepura ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Nafisuzzoha, Adv.

For the Opposite Party :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-03-2020 The learned counsel for the petitioner seeks to withdraw the present petition qua the petitioner No. 1. Accordingly, the present petition qua the petitioner No. 1 stands dismissed as not pressed.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Alamnagar P.S. Case No. 179 of 2019 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 384, 354, 379, 302 of the Indian Penal Code.

The allegation in brief is regarding the accused

Patna High Court CR. MISC. No.83868 of 2019(3) dt.18-03-2020 2/3 persons having assaulted the informant, father of the informant and other family members. As far as the petitioner No. 1 is concerned, he is stated to have assaulted the deceased, father of the informant resulting in his death. As far as the petitioner No. 2 is concerned, he is stated to have assaulted other family members of the informant.

The learned counsel for the petitioner has submitted that as far as the petitioner No. 2 is concerned, he is alleged to have assaulted the family members of the informant, however, the injuries, found on their person, are simple in nature. It is further submitted that as far as the petitioner No. 3 is concerned, there is no allegation of any sort of overt act having been committed by him, hence, he has got no complicity in the matter. Petitioners No. 2 and 3 are stated to be having clean antecedent and are languishing in custody since 09.07.2019. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners No. 2 and 3, as also taking into account the fact that the death of the deceased is attributable to the petitioner No. 1 and as far as the petitioners No. 2 and 3 are concerned, they have not been found to have inflicted any grievous injury on the person of the prosecution party, I deem it fit and proper to

Patna High Court CR. MISC. No.83868 of 2019(3) dt.18-03-2020 3/3 direct for release of the petitioners No. 2 and 3 herein on regular bail.

Accordingly, the petitioners No. 2 and 3, above named, are directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Udakishunganj at Madehpura in connection with Alamnagar P.S. Case No. 179 of 2019.

(Mohit Kumar Shah, J) K.K.RAO/- U T