Patna High CourtCR. MISC./36673/2015rejected

Amalesh Sahni v. The State Of Bihar

2015-11-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36673 of 2015 Arising Out of PS.Case No. -21 Year- 2014 Thana -BELA District- SITAMARHI ======================================================

1. Amalesh Sahni Son of Kailash Sahni resident of village - Purandaha Rajwara, P.S. Sonbarsa, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. P.N.Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One Sunil Sahani S/o Kailash Sahani of villagePurandaha Rajwara, P.S. Sonbarsha, District- Sitamarhi was made accused and it is stated that he took active part in the alleged kidnapping.

Submission on behalf of petitioner is that it is a case of mistaken identify and as a matter of fact, in course of investigation, one co-accused disclosed that alias name of aforesaid Sunil Sahani is Amlesh and accordingly, petitioner has been remanded in this case.

Learned counsel for the petitioner submits that petitioner does not have any alias name and moreover, he is in jail

Patna High Court Cr.Misc. No.36673 of 2015 (3) dt.04-11-2015 2/2 custody since 06-04-2015 but uptill now, he has not been put on Test Identification Parade. It is further contended by him that petitioner was made accused in a case of 302 of the Indian Penal Code and that is the reason of implication of the petitioner in the present case.

Considering the above-said facts and circumstances of the case as well as submission of the parties, I do not think it proper to release the petitioner on bail and accordingly, his prayer for bail in connection with Bela P.S. Case No. 21 of 2014 pending in the court of learned Chief Judicial Magistrate, Sitamarhi stands rejected at least, at this stage.

(Hemant Kumar Srivastava, J) A.K.V./- U T