Sakal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19238 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Sakal Sahani Son Of Bechu Sahani Resident Of Village- Hardiya Tola Kansh Pakari, Ps- Madhuban, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 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 302, 34 of the Indian Penal Code.

As per prosecution case, allegation against the accused persons including the petitioner is that they used to threaten husband of the informant. It is further alleged that on 04.09.2022, they killed her husband by sharp cutting due to enmity.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land

Patna High Court CR. MISC. No.19238 of 2023(3) dt.17-07-2023 2/2 dispute. Neither the informant is an eye witness of the alleged occurrence nor the petitioner is put on TIP and except suspicion nothing consistent material has found against the petitioner. It is further submitted that he is languishing in judicial custody since 10.09.2022. 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 judicial custody and old age 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 Madhuban P.S. Case No. 379 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari. (Sunil Kumar Panwar, J) lata/- U T