Prakash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18680 of 2022 Arising Out of PS. Case No.-647 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== Prakash Sahani Son Of Yogi Sahni R/O Mohalla- Hawai Adda, P.S.- Katihar Sahayak, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in F.I.R, all the co-accused persons including the petitioner with a conspiracy killed the husband of informant by shot fire.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that only on the basis of suspicion, name of petitioner sprang up in this case.

Patna High Court CR. MISC. No.18680 of 2022(3) dt.24-11-2022 2/2 It is further submitted that there is no specific allegation of firing against the petitioner. It is mentioned that during the course of investigation, the witnesses have not whispered against the petitioner for his complicity in alleged occurrence of murder of the informant's husband. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar (Sahayak) P.S. Case No. 647 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T