Shambhu Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56393 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -BEERPUR District- BEGUSARAI ====================================================== Shambhu Sahni Son of Bahea Lal Sahni, R/o Nonepur, P.s.- Teghra, District- Begusarai .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anjani Parashar For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner is accused in connection with Birpur P.S. Case No. 10 of 2015 registered under Sections 364, 302, 201, 120B/34 of the I.P.C.
The prosecution case is that on 24.01.2015, the informant lodged a report regarding missing of his son Gopal Kumar @ Anil Kumar and subsequently, in course of search, the informant came to know on 29.01.2015, the petitioner, Shambhu Shahni and Santosh Mahto, Ram Krishan Kumar, Shaliram Paswan had called his son on phone and they moved with his son. On query, they did not give any satisfactory reply regarding his son. His villager Birju Sahni has inimical term with Jai Jai Ram
Patna High Court Cr.Misc. No.56393 of 2015 (2) dt.16-12-2015 2/2 Sahni along with his brother, who had committed the murder of Birju Sahni. Thereafter, threatening was given to his son also. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that informant is not the eye witness of the occurrence. Mere on suspicion and enmity, the petitioner and others have falsely been implicated in the present case. It is also submitted that co-accused Wakil Sahni and Ashok Sahni have already been allowed bail by a Bench of this Court vide Cr. Misc. No. 24899 of 2015 and 35457 of 2015 on 02.09.2015. It is further submitted that petitioner is in custody since 22.05.2015.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Begusarai in connection with Birpur P.S. Case No. 10 of 2015. Out of two sureties, one surety must be parents or close relatives of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) Shail/- U T