Patna High CourtCR. MISC./35178/2023bail granted

Jitan Sahani v. The State Of Bihar

2023-07-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35178 of 2023 Arising Out of PS. Case No.-203 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== JITAN SAHANI S/O LALBABU SAHNI R/O Village- Banparua, P.SKesariya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 120B, 201 of the Indian Penal Code.

3. As per the prosecution case, all the F.I.R named accused persons including this petitioner under criminal conspiracy committed murder of the son of informant namely Mandeo Sahani.

4. It is submitted that informant is not an eye-witness of the alleged occurrence and only on the basis of suspicion petitioner has been made accused in this case. There is no specific allegation or any evidence on the record against the

Patna High Court CR. MISC. No.35178 of 2023(2) dt.21-07-2023 2/2 petitioner. Similarly situated co-accused persons have already granted bail by this Court vide order dated 17.01.2023 in Cr. Misc. No. 42023 of 2022 and order dated 28.06.2022 in Cr. Misc. No. 55684 of 2021. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motiuhari, East Champaran in connection with Dumariyaghat P.S. case no 203 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U