Suresh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14898 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- ANGARGHAT District- Samastipur ====================================================== SURESH SAHNI S/O CHALITRA SAHNI RESIDENT OF VILLAGE ANGARGHAT, POLICE STATION ANGARGHAT, DISTRICT SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv For the Opposite Party/s :

Mr. Chandra Bhuhan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-09-2021 In view of sudden resurgence of COVID - 19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.

Heard learned counsel for the petitioner and learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in connection with Angarghat P.S. Case No. 62 of 2020 registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.14898 of 2021(2) dt.10-09-2021 2/3 As per the prosecution case, the brother of the informant (Mahesh Sahni) was shot dead by three unknown miscreants. It is further alleged that during the course treatment, the brother of the informant (deceased) disclosed to the informant that this petitioner along with co-accused Sanjay Sahni gave money to Sashi Rai and men of Sashi Rai shot at him.

It is submitted that petitioner has been falsely implicated in this case. It is further submitted that as per the F.I.R., the petitioner is alleged to be a conspirator who got him killed. It is next submitted that there is no specific allegation of firing or any overtact against this petitioner. Petitioner has got no criminal antecedent and he is in custody since 2.11.2020. Similarly situated co-accused has been allowed bail vide order dated 15.6.2021 passed in Cr. Misc. No. 2944/2021. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.14898 of 2021(2) dt.10-09-2021 3/3 the like amount each to the satisfaction of learned A.C.J.M.-II, Dalsingsarai, District- Samastipur in Angarghat P.S. Case No. 62 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T