Sushil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21260 of 2022 Arising Out of PS. Case No.-446 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sushil Sahni S/O Baleshwar Sahni R/o village- Ajhour, P.S.- Nima Chandpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Town (Lohiyanagar) P.S. Case No. 446 of 2021 registered for the offence under Sections 363, 365 and 34 of the Indian Penal Code in which subsequently Sections 364 and 34 of the Indian Penal Code was also added.

The accused/petitioner is named in the F.I.R. and is in custody since 16.07.2021.

The allegation against the petitioner is to kidnap the son of the informant in order to commit murder, along with his

Patna High Court CR. MISC. No.21260 of 2022(4) dt.21-12-2022 2/3 wife.

Learned counsel appearing on behalf of the petitioner submitted that the present implication is out of suspicion, as wife of petitioner found in regular conversation over mobile with victim/son of the informant, who is alleged to be kidnapped. It is pointed out that save and except last seen and mobile tower location of same locality, no incriminating material surfaced during the course of investigation against this petitioner. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except last seen and mobile tower location, no incriminating material surfaced against this petitioner coupled with the fact that charge-sheet has already been submitted, where petitioner is in custody since 16.07.2021, let the petitioner, above named, is directed to be released on bail in connection with Town (Lohiyanagar) P.S. Case No. 446 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.21260 of 2022(4) dt.21-12-2022 3/3 learned Judicial Magistrate 1st Class, Begusarai/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T