Hippi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23412 of 2020 Arising Out of PS. Case No.-41 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

PANKAJ SAHANI S/o- Basant Sahni R/o Village- BabhangamaMaheswara, P.S.- Naokthi, Districgt- Begusarai. 2.

Anil Sahani S/o- Late Sito Sahani R/o Village- Babhangama- Maheswara, P.S.- Naokthi, Districgt- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 23448 of 2020 Arising Out of PS. Case No.-41 Year-2019 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

HIPPI SAHANI Son of Basant Sahni Resident of Village - Babhangama - Maheswara, P.S.- Naokthi, Dist.- Begusarai 2.

Malsi Sahani @ Makkhi Son of Basant Sahni Resident of Village - Babhangama - Maheswara, P.S.- Naokthi, Dist.- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 23412 of 2020) For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr. Bharat Lal Singh, APP (In CRIMINAL MISCELLANEOUS No. 23448 of 2020) For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2020 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are in custody in connection with

Patna High Court CR. MISC. No. 23412 of 2020(3) dt.09-11-2020 2/3 Naokothi P.S.Case No.41 of 2019 for the offence under Sections 302, 201 and 34 of the Indian Penal Code. Learned counsel for the petitioners would submit that these petitioners are innocent and they have been made accused only on suspicion. Case diary was called for and from the case diary, it appears that the victim tried to molest the wife of Basant Sahni, on account of that the son of Basant Sahni reacted and assaulted. The circumstances suggest as per case diary that deceased was beaten and thrown in Budhigandak river, although there is no eye witness of the entire incident, except to the extent that people have seen the deceased misbehaving with the mother of petitioner no.1 in Cr.Misc.No.23412 of 2020. Petitioners are in custody in the present matter from 07.01.2020.

In this case co-accused Basant Sahni has already been granted bail by a coordinate Bench of this Court 65285 of 2019. Considering the fact that the petitioners have no criminal antecedent and they have remained in custody for nearly eleven months, the Court is inclined to grant bail to the petitioners named above on furnishing bail bond of Rs.25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Begusarai in connection with Naokothi P.S. Case No.

Patna High Court CR. MISC. No. 23412 of 2020(3) dt.09-11-2020 3/3 with condition that the petitioners are directed to extend full cooperation in early disposal of the trial.

(Anil Kumar Upadhyay, J) B.Kr./- U