Anchal Sahani @ Netwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15435 of 2024 Arising Out of PS. Case No.-40 Year-2000 Thana- VALMIKINAGAR District- West Champaran ====================================================== Anchal Sahani @ Netwa Son Of Jhakar Sahani Resident Of Village - Golchauk, Police Station - Valmikinagar, District - West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anand Kishore Choudhary, Adv.
For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with S. Tr. No. 318 of 2022 arising out of Valmikinagar P.S. Case No. 40 of 2000 dated 10.11.2000 registered for the offences punishable u/ss 302, 201, 341, 323, 452 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, three unknown miscreants came to the Jatashankar Asthan and one of them demanded food from Mauni Baba. When Mauni Baba denied for food, the accused persons assaulted him and the informant also. Due to assault, the informant and the other preachers of Jatashankar Asthan tried to escape. On the next day, the dead
Patna High Court CR. MISC. No.15435 of 2024(4) dt.22-07-2024 2/3 body of Mauni Baba was found lying near the Jatashankar Asthan in the forest.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. No The name of the petitioner has surfaced in this case during the course of investigation. There are six charge-sheeted witnesses and no any witnesses have been examined till date. The conclusion of trial will take time. No any incriminating article has been recovered from the conscious possession of the petitioner. It is further alleged that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.01.2021.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bagaha, West Champaran in connection with S. Tr.
Patna High Court CR. MISC. No.15435 of 2024(4) dt.22-07-2024 3/3 No. 318 of 2022 arising out of Valmikinagar P.S. Case No. 40 of 2000 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T