IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56902 of 2021

Arising Out of PS. Case No.-228 Year-2021 Thana- SUGAULI District- East Champaran

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Mukurdhum Sahani, S/O Jangbahadur Sahani, Resident Of Village- Ward No.

12 Mehwa Chhapra Bahas, P.S. Sugauli, District- East Champaran, Motihari

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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Appearance :

For the Petitioner/s

:

Mr.Rajesh Kumar, Advocate

For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP

For the Informant

:

Mr. Vijay Shankar Srivastava, Advocate

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

3

11-05-2022

Heard learned counsel for the petitioner, learned

counsel for the informant and Mr. Akhileshwar Dayal, learned

A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail

in connection with Sugauli P.S. Case No. 228 of 2021 registered

for the offences punishable under Sections 147, 148, 149, 341,

323, 302, 504 and 506 of the Indian Penal Code. He is in

custody since 10.06.2021 having no criminal antecedent as

stated in paragraph ‘3’ of the application.

As per the prosecution story, the informant has

alleged that she was living in the house of her father and her

mother Reeta Devi had left the house two years ago and

performed marriage with one Ganesh Sahni and was living with

him. The informant went to the shop of P.D.S. dealer and after

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taking ration from the P.D.S. shop, while she was returning

home, in the meantime, all the accused persons surrounded them

and assaulted her and her family members. The father of the

informant was brutally assaulted after pressing his mouth as a

result of which he died on the spot.

Learned counsel for the petitioner submits that there is

general and omnibus kind of allegations against the petitioner,

no specific role has been assigned to him with regard to the

alleged occurrence and he is in custody in connection with this

case since 10.06.2021.

Learned counsel for the informant has opposed the

prayer for bail of the petitioner. It is submitted that this

petitioner is said to be one of the persons who was present with

Ganesh Sahni and had surrounded the father of the informant.

Learned A.P.P. for the State has also opposed the

prayer for regular bail of the petitioner.

Having regard to the submission that there is general

and omnibus kind of allegations against the petitioner, the

specific case of the informant is to the effect that Ganesh Sahni

was pressing the mouth of the deceased and the inquest report is

showing cause of death due to asphyxia, so far as this petitioner

is concerned, since no specific role has been assigned to him, he

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has no criminal antecedent and has remained in custody in

connection with this cse since 10.06.2021, investigation agaisnt

him is complete and his presence may be secured in course of

trial, therefore, this Court directs release of the petitioner above

named on bail on furnishing bail bond of Rs. 25,000/- (Rupees

Twenty Five Thousand only) with two sureties of the like

amount each to the satisfaction of learned C.J.M., East

Champaran, Motihari in connection with Sugauli P.S. Case No.

228 of 2021, subject to the condition as laid down under Section

437 (3) Cr.P.C.

And further condition that the court below shall verify

the criminal antecedent of the petitioner and in case at any stage

it is found that the petitioner has concealed his criminal

antecedent, the court below shall take step for cancellation of

bail bond of the petitioner. However, the acceptance of bail

bonds in terms of the above-mentioned order shall not be

delayed for purpo