Arvind Sahni @ Arbind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22486 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== Arvind Sahni @ Arbind Sahni Son Of Ramchandra Sahni Resident Of Village - Shivji Nagar, Hathauri, Kakar Ghat, P.S. - Samastipur, District - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Hathauri P.S. Case No.78 of 2023, (G.R. No.702 of 2023) lodged under Sections 302 and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons including the petitioner against whom there is allegation of firing by pistol due to which the informant's son died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there were two persons against whom there is allegation of firing.

5. Counsel further submits that the petitioner is in custody since 21.06.2023 having clean antecedent.

Patna High Court CR. MISC. No.22486 of 2024(2) dt.20-03-2024 2/2

6. Counsel also submits that the another co-accused has been granted bail after framing of charge, if not framed, by this Court vide order dated 27.02.2024 passed in Cr. Misc. No. 63250/2023.

7. Learned counsel for the State opposes the prayer for bail and submits that the informant and the accused persons are family members and there is contradiction come in the fardbeyan lodged by the police.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I/Incharge Successor Court, Rosera, Samastipur in connection with Hathauri P.S. Case No.78 of 2023, (G.R. No.702 of 2023) subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T