Heera Sahani And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28415 of 2018 Arising Out of PS.Case No. -6 Year- 2012 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Heera Sahani, S/o Late Satahu Sahani,
2. Laxmi Devi W/o Heera Sahani, Both R/o Vill.- Bathna (Madhopur), P.S.- Motipur, District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in Chakia P.S. Case No. 6 of 2012 registered under Sections 302 and 392 of the Indian Penal Code.
Some unknown miscreants are said to have looted the betel nut loaded truck and stabbed to death its driver. It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in this case at the instance of their enemies. No incriminating article has been recovered from their conscious physical possession. They are not named in the
Patna High Court Cr.Misc. No.28415 of 2018 (2) dt.09-05-2018 2/2 F.I.R. There is nothing in the record indicating the complicity of the petitioners in the occurrence barring confessional statement of Sanjay Bhagat, Pappu Bhagat and the petitioner Hira Sahni recorded by the police which has no evidentiary value in the eye of law. The petitioners have been languishing in custody since 14.12.2017. Similarly situated co-accused Binod Kumar Jha, Yogendra Sahani and Vinay Kumar Singh have been enlarged on bail by different co-ordinate benches of this court. In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIII, East Champaran, Motihari in connection with Chakia P.S. Case No. 6 of 2012.
(Prakash Chandra Jaiswal, J) Mishra/- U T