Karan Saxena v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31286 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- RAHUI District- Nalanda ====================================================== KARAN SAXENA Son of Late Rajeev Kumar Resident of Village - Nesura, P.S. - Noorsarai, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 120b/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short is that the informant's husband, namely Dr. Priyaranjan Kumar Priyadarshi was deputed in

Patna High Court CR. MISC. No.31286 of 2020(2) dt.02-12-2020 2/3 Additional Health Centre, Gokhulpur Math. It is alleged that the informant's husband shot at by some criminals near Chhabilapur bridge and died.

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. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 08-03-2020. The petitioner is not named in the FIR. From order of the Sessions Court, it appears that the name of the petitioner has transpired in the present case on the basis of CDR report. On the alleged date and time of occurrence, the petitioner is said to have received a call on his mobile by one of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Nalanda at Bihar Sharif in connection with

Patna High Court CR. MISC. No.31286 of 2020(2) dt.02-12-2020 3/3 Sessions Trial No. 168 of 2020 arising out of Rahui P.S. Case No. 72 of 2020.

(Sudhir Singh, J) A.K.V.//- U T