Manjay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34709 of 2020 Arising Out of PS. Case No.-425 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Manjay Sahani Son of Katari Sahani resident of Village-Chilwaniya, P.S.- Banzariya, District-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. 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 326, 307, 302/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short is that while the informant's elder brother was sitting at his shop, having received a phone call, he went outside the shop and started conversation standing a few yards away from the shop. After a while, the accused persons having armed in their hands, shot fire upon the informant's elder brother as a result of which, he sustained fire-arms injury and in course of treatment, he died.

Patna High Court CR. MISC. No.34709 of 2020(2) dt.19-01-2021 2/2 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 is in custody since 05-07-2020. Charge sheet/Prosecution report in this case has already been submitted. There is no allegation of firing against the petitioner. The allegation of firing upon the deceased is against co-accused Rajan Sahani who is said to have fired upon the deceased.

On behalf of the State and the informant, it is submitted that the petitioner is 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya (Banzariya) P.S. Case No. 425 of 2020.

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