Baua Sahni @ Sanjit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40646 of 2021 Arising Out of PS. Case No.-165 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Baua Sahni @ Sanjit Sahni S/O Ram Lalit Sahni R/O Village- Shambhu Patti, P.S.- Muffasil, Distt.- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar No1 For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Mufassil P. S. Case No.165 of 2020, instituted for the offences under Section 302/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 14.03.2021 and chargesheet has been submitted in the case. The learned counsel for the petitioner submits that the informant alleges that he along with his father were going to their new house and when they reached near

Patna High Court CR. MISC. No.40646 of 2021(3) dt.11-01-2022 2/3 building of Shambhu Sah, Happy Sahani @ Binesh Sahani, Birju Sahani and Bijo Sahani and Baua Sahani @ Sanjit Sahani (petitioner) came on two motorcycle and on order of Birju Sahani, Happy Sahani @ Binesh Sahani and Bijo Sahani fired on the father of the informant from pistol and the father of the informant were brought to Sadar Hospital where he was declared dead.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the allegation of firing is on Happy Sahani @ Binesh Sahani and Bijo Sahani and the petitioner is alleged to have come along with them on the motorcycle. The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody and charge-sheet has been submitted in the case and he is not alleged to be the assailant, the petitioner, abovenamed, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Samastipur in

Patna High Court CR. MISC. No.40646 of 2021(3) dt.11-01-2022 3/3 connection with Samastipur (Muffasil) P. S. Case No.165 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T