Sitaram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24404 of 2024 Arising Out of PS. Case No.-1260 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sitaram Sahni S/o Rambaran Sahni @ Baran Sahni R/o vill - Shekhpur, P.s. - Ahiyapur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1260 of 2023 instituted for the offence under Sections 302 & 120(B) of the Indian Penal Code. 3.

As per the prosecution case, on 01-10-2023, accused persons including the petitioner killed the informant's brother-in-law by slitting his throat after hatching conspiracy. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-10-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.24404 of 2024(2) dt.03-04-2024 2/2 case. There is no specific allegation attributed to the petitioner It is submitted that specific allegation of assault is against coaccused, namely, Ravi Kumar. Other co-accused have been granted bail by this Court, vide orders dated 05-03-2024, 05-032024 & 11-03-2024, passed in Cr. Misc. No. 13583 of 2024, Cr. Misc. No. 13600 of 2024 & Cr. Misc. 14674 of 2024. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner, charge sheet being submitted and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. Case No. 1260 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T