Mahesh Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10161 of 2024 Arising Out of PS. Case No.-278 Year-2010 Thana- GAIGHAT District- Muzaffarpur ====================================================== Mahesh Sahni, aged about 30 years (Male), Son Of Indal Sahni, Resident Of Village- Lohbandra, P.S- Gaighat, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.
2. The petitioner seeks bail in connection with Gaighat P.S. Case No. 278 of 2010 registered for the offence punishable under Section 364/34 of the Indian Penal Code.
3. As per FIR, the son of the informant and one Sunil Sahni did not return to the respective home and thereafter on search co-accused and petitioner did not gave a satisfactory reply regarding the same. The informant raised suspicion about committing murder of his son by them.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in this case as the petitioner has never gone to Delhi
Patna High Court CR. MISC. No.10161 of 2024(2) dt.26-02-2024 2/2 for work and has been implicated in this case due to dirty local politics. He next submits that the petitioner came back of his house to hear the illness of his mother, the police arrested the petitioner and remanded in this case. He next submits that similarly situated co-accused has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. NO. 12879 of 2017 vide order dated 10.05.2017. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 30.09.2023.
5. Learned APP appearing for the State, opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances and also similarly situated co-accused person has already been granted bail, let the petitioner, above named, is directed to be released on bail in connection with Gaighat P.S. Case No.278 of 2010 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of 10th Additional Sessions Judge, Muzaffarpur/concerned Court. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T