Shatrughan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32466 of 2016 Arising Out of PS.Case No. -53 Year- 2011 Thana -AURAI District- MUZAFFARPUR ====================================================== Shatrughan Sahni, Son of Late Bangali Sahni, Resident of Village:- Bedoul, P.S:- Aurai, District:-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused have committed murder of the son of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.03.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. A general and omnibus allegation has been made in the First Information Report.

Patna High Court Cr.Misc. No.32466 of 2016 (3) dt.26-09-2016 2/2 Subsequently, the informant vide Annexure-2 to the present application filed a petition in the Court below stating that due to mistake of fact, the present case has been instituted against the petitioner. The petitioner happens to be the father-in-law of the deceased.

On behalf of the state it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Additional Chief Judicial Magistrate, Muzaffarpur, in connection with Aurai P.S. Case No. 53 of 2011.

(Sudhir Singh, J.) Amit/- U T