Saroj Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16074 of 2016 Arising Out of PS.Case No. -329 Year- 2015 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Saroj Kumar Sahani S/o Paras Sahani resident of Village- Kharaona, P.S.- Kurhani (Turki O.P.) District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and seven others are named in the first information report on the accusation that they took the deceased and, after that, deceased was assaulted by them and, subsequently, the dead body of the deceased was recovered.

The contention on behalf of the petitioner is that having more or less similar allegation, one co-accused Vidya Sahni has already been granted privilege of bail by a co-ordinate Bench of this Court and, moreover, not a single witness claimed to have seen the petitioner and others assaulting the deceased. Considering the aforesaid facts and circumstances as well as submissions of the parties and, particularly, keeping in

Patna High Court Cr.Misc. No.16074 of 2016 (2) dt.21-04-2016 2/2 mind that having similar allegation, one co-accused is enjoying the privilege of bail, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in connection with Kudhani P.S.Case No. 329 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T