Akhilesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16114 of 2020 Arising Out of PS. Case No.-247 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== AKHILESH SAHANI S/o Harilal Sahani R/o village- Sonbarsa, P.S.- Harsidhi, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-06-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Harsidhi P.S. Case No.247 of 2019 registered for the offence punishable under Sections 302 and 201/34 of the Indian Penal Code.

The son of the deceased is the informant. It transpires from the First Information Report that his father runs business of providing musical instruments for celebrating occasional functions. On the alleged date of occurrence, in connection with his business, his father had gone to one Dasai Mahto, whereafter, he did not return. Subsequently, his dead body was found near the house of Harilal Sahani. It has been alleged that the said Dasai Mahto had told the informant that the deceased, after having had his dinner at his place, had gone to

Patna High Court CR. MISC. No.16114 of 2020(2) dt.02-06-2020 2/2 the house of Harilal Sahani.

It is evident from the First Information Report that the petitioner and the others have been made accused merely on the basis of suspicion.

Learned counsel for the petitioner has submitted that even the case of last seen is not made out against the petitioner on the basis of what has been alleged in the First Information Report.

On perusal of the First Information Report, I find substance in the submission made on behalf of the petitioner that the petitioner has been named merely on the basis of suspicion.

Considering the above, this application is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari, in Harsidhi P.S. Case No. 247 of 2019.

(Chakradhari Sharan Singh, J) Pawan/- U T