Nandu Sahni @ Nandu Kumar @ Abhishek v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13600 of 2024 Arising Out of PS. Case No.-1260 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Nandu Sahni @ Nandu Kumar @ Abhishek Son Of Badri Sahni Resident Of Village - Shekhpur, P.S. - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Vaishnavi Singh, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1260 of 2023 instituted for the offence under Sections 302 & 120(B) of the Indian Penal Code. 3.

As per prosecution case, on 01-10-2023, accused persons including the petitioner killed the informant's brotherin-law by slitting his throat after hatching conspiracy. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-10-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.13600 of 2024(2) dt.05-03-2024 2/2 case. There is no specific allegation attributed to the petitioner and petitioner's name features in the later part of the FIR. It is submitted that specific allegation of assault is against coaccused, namely, Ravi Kumar. Police after investigation has submitted the charge sheet.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and the fact that there is no direct allegation against the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. Case No. 1260 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T