Ghuntun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4947 of 2022 Arising Out of PS. Case No.-52 Year-2021 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Ghuntun Sahni, Son of Late Ramcharan Sahni, Resident Of VillageGadhsisai, P.S.- Vidyapati Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Zeyaul Hoda, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. In the present case, the petitioner seeks bail in connection with Vidyapati Nagar P.S. Case No. 52 of 2021 registered for the alleged offence under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he and other co-accused persons committed murder of the son of the informant.

It has been submitted by the learned counsel for the petitioner that the petitioner is not in any manner involved with the business of the deceased and he was not concerned with the

Patna High Court CR. MISC. No.4947 of 2022(2) dt.09-06-2022 2/3 fish business in which co-accused Arjun Sahni and Jalandhar Sah are stated to be partner. No one has seen the occurrence in which the son of the informant was found dead and it is a case of false implication as there is no evidence to corroborate the contention of the FIR. The petitioner is in custody since 30.04.2021. The other co-accused, namely, Arjun Sahni has been allowed privilege of bail by a coordinate Bench of this Court vide order dated 30.03.2022 passed in Cr. Misc. No. 44512 of 2021.

The learned APP has opposed the prayer of bail submitting that the case against the petitioner is based on suspicion and circumstantial evidence.

Having considered the rival submission and further considering the order dated 30.03.2022 passed in Cr. Misc. No.44512 of 2021 wherein reasons for grant of bail have been discussed in detail, I find it to be a fit case for grant of bail considering the fact that the entire case is based on circumstantial evidence and suspicion.

Accordingly, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-3,

Patna High Court CR. MISC. No.4947 of 2022(2) dt.09-06-2022 3/3 Dalsinghsarai, Samastipur/court concerned in connection with Vidyapati Nagar P.S. Case No.52 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner, preferably one of the parents. (iii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T