Sushil Kumar @ Sushil Kr. Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6815 of 2024 Arising Out of PS. Case No.-351 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.
SUSHIL KUMAR @ SUSHIL KR. SAHNI SON OF RAMESH SAHNI RESIDENT OF VILLAGE - ASOI LACHHI RAM, P.S. - BHAGWANPUR, DISTRICT - VAISHALI 2.
SUNIL KUMAR SON OF RAMESH SAHNI RESIDENT OF VILLAGE - ASOI LACHHI RAM, P.S. - BHAGWANPUR, DISTRICT - VAISHALI 3.
KAPIL SAHNI @ KAPAL SAHNI @ KAPAL KUMAR SON OF RAMESH SAHNI RESIDENT OF VILLAGE - ASOI LACHHI RAM, P.S. - BHAGWANPUR, DISTRICT - VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seeks regular bail in connection with Hajipur Sadar P.S. Case No. 351 of 2022 registered on 15.05.2022 lodged under Sections 302, 201, 34 of the I.P.C.
3. As per the prosecution case, this case has been filed on suspicion against six named accused persons including the present petitioners against whom there is an allegation that they have killed the son of the informant.
4. Counsel further submits that petitioners are innocent and have committed no offence. He further submits
Patna High Court CR. MISC. No.6815 of 2024(3) dt.09-04-2024 2/3 that petitioners are in custody since 03.10.2023 having no criminal case pending against them. Counsel submits that the present case has been filed in which suspicion has been raised against all the accused persons and no cogent material has been found against the petitioners. Counsel submits that in the rejection order itself, it has come that place of occurrence is around the residents of the accused persons and this is the main reason that name of the petitioners have been figured in this case and subsequently charge has also been framed. He further submits that since charge has already been framed so keeping the petitioners in jail shall not serve any purpose. Counsel further submits that other co-accused have been granted bail by this Bench as well as coordinate Bench of this Court vide order dated 04.03.2023 passed in Cr.Misc No. 5949 of 2023 and vide order dated 30.11.2023 passed in Cr. Misc. No. 75974 of 2023.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.6815 of 2024(3) dt.09-04-2024 3/3 learned C.J.M. Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 351 of 2022 , subject to the conditions laid down under Section 437 (3) of the Cr.P.C.
Sunnykr/- (Dr. Anshuman, J) U