The Patna High Court granted bail to three petitioners (Lalit, Binod, and Shatrughan Sahani) in proceedings spanning three criminal miscellaneous applications. The petitioners were charged with murder and related offenses arising from a shooting incident in Bisfi.
Release on bail by furnishing bonds of Rs. 10,000 each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.6186 of 2014 (4) dt.24-04-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6186 of 2014
====================================================== 1. Lalit Sahani Son Of Baidya Nath Sahani Resident Of Village-Kataiya, P.S.-Bisfi (Patouna), District-Madhubani. .... .... Petitioner/s
====================================================== 1. Binod Sahani Son Of Bishundeo Sahani Resident Of Kataiya, P.S. - Bisfi (Patouna), District - Madhubani.... .... Petitioner/s Versus
====================================================== with Criminal Miscellaneous No.7528 of 2014
====================================================== 1. Shatrughan Sahani Son Of Late Ganesh Sahani Resident Of Village - Kataiya, P.S.- Bisfi (Patauna), District- Madhubani..... .... Petitioner/s Versus
====================================================== Appearance : (In Cr.Misc. No.6186 of 2014) For the Petitioner/s : Mr. Gagandeo Yadav, Advocate For the Opposite Party/s : Mr. APP (In Cr.Misc. No.6832 of 2014)
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate For the Opposite Party/s : Mr. APP (In Cr.Misc. No.7528 of 2014)
For the Petitioner/s : Mr. Sameer Ranjan, Advocate For the Opposite Party/s : Mr. APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER
4 24-04-2014 Above noted all the applications have arisen out of one occurrence i.e. Bisfi (Patauna) P.S. Case No. 98 of 2013 as such they have been heard together and are being disposed of by this common order.
The petitioners seek bail in a case registered under
Patna High Court Cr.Misc. No.6186 of 2014 (4) dt.24-04-2014
Sections 341, 324, 307, 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
The fard-beyan indicates that the assailants were unknown and suspicion has been raised against the accused persons that they have killed the informant’s brother and injured his cousin. The case diary was called to ascertain the culpability of the petitioners but even in the case diary there is no witness of the occurrence.
Submission is that other identically situated coaccused Sarban Sahani, Bijay Sahani and Biltu Sahani have been admitted to bail by this Court vide order dated 21.3.2014, 19.4.2014 and 25.3.2014 passed in Cr. Misc. Nos. 6762, 8102 and 6244 of 2014 respectively.
The deceased of the case was the Secretary of Fishery Cooperative Society, Bisfi. Allegation is that Rani Devi reached and just after five minutes three persons on a motorcycle came and talked with her. Rani Devi went away and thereafter, two persons got down from the motorcycle and one keep awaiting on the motorcycle and at that very time firing was made which led to killing of informant’s brother.
Considering the facts and circumstances of the case, the petitioners above named of all the cases are directed to be
Patna High Court Cr.Misc. No.6186 of 2014 (4) dt.24-04-2014
released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Adhoc Additional Sessions Judge/Adhoc Additional Sessions Judge III/concerned Court, Madhubani respectively in S. T. No. 733 of 2013 arising out of Bisfi (Patauna) P.S. Case No. 98 of 2013.
(Shyam Kishore Sharma, J)
avin/-
1 issue framed by the court
Whether the petitioners facing charges of murder and culpable homicide should be released on bail.
2 provisions across 2 enactments
LALIT SAHANI
BINOD SAHANI
SHATRUGHAN SAHANI
THE STATE OF BIHAR
SHYAM KISHORE SHARMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
