Akhilesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37634 of 2021 Arising Out of PS. Case No.-627 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== AKHILESH SAHNI Son of Bholi Sahni Resident of Village- Harauli Bhatthi, P.S.- Hajipur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 394, 302/34 of the Indian Penal Code. Prosecution case, in short, is that the father of the informant died in the shop and in the CCTV footage, the informant saw four unknown persons entering into the shop. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.37634 of 2021(2) dt.29-03-2022 2/2 present case. After investigation, charge sheet has been submitted under Section 396 of I.P.C. No incriminating article is said to have been recovered from the possession of the petitioner. The petitioner is not named in the F.I.R. His name has transpired in this case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Vaishali at Hajipur in connection with Hajipur Sadar P.S. case No.627 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.