Arun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23093 of 2020 Arising Out of PS. Case No.-324 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== ARUN SAHANI S/o Sitaram Sahani R/o Village- Ramdas Majhauli, P.S.- Bochahan, District- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2020 Heard Mr. Anish Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Gaighat PS Case No. 324/2019 registered for the offence punishable under Sections 302 of the IPC.

3. The allegation against the petitioner as per First Information Report is that brother of the informant, Ranjit Pandit was working at Toll Plaza and on 16.09.2019, he had gone to the Toll Plaza but did not return till midnight. In the morning, when the informant started searching his brother, he found the dead body of his brother at Karichak Mor. It has further been alleged that Glamour Motorcycle and a golden chain of the brother of the informant were also looted by the

Patna High Court CR. MISC. No.23093 of 2020(4) dt.04-11-2020 2/3 unknown criminals by killing his brother.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been remanded in this case on the basis of confessional statement of the co-accused as well as that of petitioner. Learned counsel also submits that he has been remanded from Bochahan PS Case No. 06/2020 registered under Section 414 of the IPC and under Section 25(1-b)a, 26 of the Arms Act. Learned counsel next submits that petitioner is in custody since 10.02.2020.

5. On the other hand, learned Additional Public Prosecutor, referring to the case diary, submits that on the basis of confessional statement of a co-accused, namely, Sonu Kumar at para-53, a raid was conducted in the house of the petitioner fromwhere an unloaded pistol was recovered and confessional statement of the petitioner was also recorded in which he has described the incident in detail. Learned counsel for the State further submits that the petitioner has got criminal antecedents also.

6. Having regard to the submissions made by the parties and taking into consideration the material on record, I am not inclined to grant regular bail to the petitioner at this

Patna High Court CR. MISC. No.23093 of 2020(4) dt.04-11-2020 3/3 stage. Accordingly, the prayer for bail of the petitioner is, hereby, rejected.

7. Petitioner, if so advised, may renew his prayer for bail after nine months from today, if the trial does not show any progress.

(Anil Kumar Sinha, J) perwez U T