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Patna High CourtCR. MISC./5192/2025bail granted

Sahil @ Rashal v. The State Of Bihar

2025-03-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5192 of 2025 Arising Out of PS. Case No.-50 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== Sahil @ Rashal Son of Suraj Sahni @ Neta Sahni Resident of VillageMachhuatoli, P.S.- Kadamkuan, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Adv.

For the informant : Ms. Misha Bharti, Adv. Mr. Vishal Vikaram Rana, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 1212/2024 arising out of Kadamkuan P.S. Case No. 50 of 2023 dated 25.01.2023 registered for the offences punishable u/ss 302 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the co-accused, Baboo Sahni @ Govind Sahni fired his pistol on the informant's brother Sunny Dixit due to which he fell down on the ground. The informant raised alarm and some people gathered there and

Patna High Court CR. MISC. No.5192 of 2025(2) dt.24-03-2025 2/3 miscreants fled away. Thereafter, the informant's brother was taken to the hospital for treatment where the doctor declared him dead. It is further submitted that the petitioner and the other accused persons found at the place of occurrence.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner rather the specific allegation of firing is against the co-accused, Babloo Sahni. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by a Coordinate Bench of this court this court vide order dated 05.12.2023 passed in Cr. Misc. No.77295 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.04.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.5192 of 2025(2) dt.24-03-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Kadamkuan P.S. Case No. 50 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T