Chintoo Sahni @ Chintu Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20811 of 2023 Arising Out of PS. Case No.-370 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== CHINTOO SAHNI @ CHINTU KUMAR SAHNI S/O RAM BHAROSH SAHNI @ RAM BHAROSEN SAHANI R/O VILLAGE- KUMHAR TOLI, ZERO MILE, P.S.- BISFI, DISTRICT- MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.
3. The informant alleges that his son (deceased) informed him that he is going to meet the petitioner but did not return in the night and next morning his dead body was found near a canal.
4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest
Patna High Court CR. MISC. No.20811 of 2023(3) dt.07-08-2023 2/3 that the petitioner came to be implicated based on suspicion that the son of the informant after informing the informant had gone to meet him but did not return and next day his dead body was found near a canal, it is further submitted that the entire allegation hinges around suspicion and informant is not an eye witness to the occurrence, it is further submitted that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the Investigating Officer of the case for eliciting the truth and proving his innocence, it is next submitted that petitioner is a young boy aged about 25 years and is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Keoti P.S. Case No. 370 of 2022 subject to the conditions as laid down under
Patna High Court CR. MISC. No.20811 of 2023(3) dt.07-08-2023 3/3 Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself as and when required the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
9. It is further made clear that in the event, if charge sheet is submitted the petitioner will be at liberty to seek his remedies available in law and the present anticipatory bail order shall come to an end.
(Satyavrat Verma, J) GauravSinha/- U T