Rajesh Sahni @ Rajesh Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23441 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== RAJESH SAHNI @ RAJESH KUMAR SAHANI Son of Rajdev Sahani R/VBarka Goan Tole Mathiya, PS-Karja Dist- Muzaffarpur Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Karja P.S. Case No. 58 of 2021, registered for the offence punishable u/s 302, 201, 34 of the IPC, pending in the court of learned Additional Chief Judicial Magistrate-5th (West), Muzaffarpur.

3. Allegedly, petitioner is said to have committed murder of the informant's father.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.23441 of 2023(3) dt.01-08-2023 2/2 omnibus in nature. There is no evidence in the entire case diary against the petitioner. The wife of the deceased has not levelled any allegation against this petitioner. He has been made accused in the present case merely on suspicion. Investigation is going against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the deceased was last seen with this petitioner.

6. Having regard to facts and circumstances of the case and considering the arguments of parties, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) divyanshi/- U T