Birchand Sahni @ Birchandra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32669 of 2020 Arising Out of PS. Case No.-1395 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Birchand Sahni @ Birchandra Sahani S/O Late Bateshwar Sahni resident of Village - Dadar, Jagsala, P.S. - Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and later on Section 27 of the Arms Act has been added. As per prosecution case, it is alleged that this petitioner along with two other accused persons committed the murder of the informant's husband while he was returning to his house from the Bank.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that informant is not eye witness to the occurrence and only on getting information, she rushed to the place of occurrence. He submits that on suspicion, the name of

Patna High Court CR. MISC. No.32669 of 2020(3) dt.19-01-2021 2/2 the petitioner has come in the present case. He submits that petitioner is in judicial custody since 30.11.2019. However, learned APP for the State vehemently opposes the prayer for bail and submits that similarly situated co-accused has been rejected the prayer for bail in Cr. Misc. No. 30025 of 2020 on 11.01.2021.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Ahiyapur P.S. Case No. 1395 of 2019 pending before the court of the learned C.J.M., Muzaffarpur.

Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T