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Patna High CourtCR. MISC./24510/2020allowed

Binod Kumar @ Binod Sahni v. The State Of Bihar

2020-12-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24510 of 2020 Arising Out of PS. Case No.-148 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== BINOD KUMAR @ BINOD SAHNI S/o Upendra Sahni Resident of VillageKaphen Sahbajpur, P.S.- Hathauri, Dist- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.

The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 365, 34 of the Indian Penal Code. Subsequently, Sections 363, 364, 302, 201/34 of the Indian Penal Code was added.

Allegedly, Kedar Sahani and Kailash Sahani had altercated with Birendra Sahani, son of informant and they threatened for kidnapping and killing Birendra Sahani. Later, it is also mentioned that Birendra Sahani went missing from the evening of 22.08.2019 and his mobile was found switched off. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely

Patna High Court CR. MISC. No.24510 of 2020(4) dt.02-12-2020 2/2 implicated in this case due to suspicion. He submits that charge sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 23.12.2019.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hathauri Police Station Case No. 904 of 2019. (Anjani Kumar Sharan, J) devendra/- U T