Ram Karan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13470 of 2023 Arising Out of PS. Case No.-471 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== RAM KARAN SAHANI Son of Rajdeo Sahani Resident of Village - Basantpur, P.S.- Paroo, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 147, 148, 149, 302, 304, 120B, 504, 506 IPC and Sections 25(1-b)a, 26, 27 of the Arms Act.

As per prosecution case, the allegation against the accused persons including the petitioner is that they committed murder of one, Bhutkun Sahni due to suspicion that he committed murder of his associate, namely, Pankaj Sahni.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.13470 of 2023(4) dt.19-07-2023 2/3 falsely been implicated in this case merely on the basis of suspicion. The informant is not an eye witness of the alleged occurrence and there is no specific allegation of assault or overt-act levelled against the petitioner rather general and omnibus allegation levelled against him. He has got no criminal antecedent. Except suspicion no consistent material has come out against the petitioner about his involvement in this alleged occurrence. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 27.06.2023 passed in Cr. Misc. No. 14439 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 03.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Paroo P.S. Case No. 471 of 2022 on furnishing bail bond of

Patna High Court CR. MISC. No.13470 of 2023(4) dt.19-07-2023 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Muzaffarpur.

(Sunil Kumar Panwar, J) Manishkumar/- U T