Lalbabu Sahani @ Lalo Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31593 of 2023 Arising Out of PS. Case No.-14 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Lalbabu Sahani @ Lalo Sahni S/O Late Bhola Sahni R/O Village- Ward No. 15, Parihara, P.S- Bakhari, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2023 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 Session's Trial No. 447 of 2022 arising out of Bakhari P.S. Case No. 14 of 2018 (G.R.No. 219 of 2018) registered for the offence under Sections 302/34 and 120-B of the Indian Penal Code and under Section 27 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 20.10.2022.
The allegation against this petitioner is to commit murder of the brother of informant along with other co-accused persons by causing fire arm injuries on way of his shop located
Patna High Court CR. MISC. No.31593 of 2023(2) dt.21-06-2023 2/3 at Bella Chawk, Begusarai.
Learned counsel appearing on behalf of the petitioner submitted that initially the allegation of firing was raised against nine named co-accused persons but subsequently, the specific allegation was raised to cause fatal fire arm injuries causing death of brother of informant against petitioner, co-accused Shwat Kumar Mahto@Mahanto , Sushil Singh and Vinay Shah, as per the version of informant, who is claimed to be the eye witness of the occurrence. It is submitted that on postmortem examination only two fire arm injuries were noticed doubting the allegation as to cause fire arm injuries by four persons. It is submitted that the co-accused persons, namely, Vinay Shah and Shushil Singh, having specific allegation to fire upon chest of the deceased, have already been granted bail of learned coordinate Bench of this Court through Cr. Misc.
No. 26553 of 2020 vide order dated 16.10.2022 and 21766 of 2022 vide order dated 27.04.2022 respectively. While concluding the argument, it has been pointed out that there is no progress in trial, as even charge has not been framed till date in this matter and as such it is very apparent that same is not likely to be concluded in near future.
Learned APP opposes the prayer of bail.
Patna High Court CR. MISC. No.31593 of 2023(2) dt.21-06-2023 3/3 Considering the facts and circumstances as mentioned above, and by taking note of nature of allegation as regard to firing and also the injuries report coupled with the fact that other similarly situated co-accused persons have already been granted bail by learned co-ordinate Bench of this Court, where petitioner is in custody since 20.10.2022, accordingly the petitioner, above named, is directed to be released on bail in connection with Sessions Trial No. 447 of 2022 arising out of Bakhari P.S. Case No. 14 of 2018 (G.R. No. 219 of 2018) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session's Judge-II, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T