Shankar Sahani @ Kunal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44971 of 2021 Arising Out of PS. Case No.-82 Year-2013 Thana- PATAHI District- East Champaran ====================================================== SHANKAR SAHANI @ KUNAL S/O BADRI SAHANI R/o village- patahi Pachagachhiya, P.S.- Patahi, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Prasad Singh For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act.
As per the prosecution case, six named and two unknown persons came on the Darwaza of informant and made indiscriminate firing causing the death of her husband, Mahesh Thakur.
Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused and save and except
Patna High Court CR. MISC. No.44971 of 2021(3) dt.04-01-2022 2/2 confessional statement there is no other material to show the involvement of this petitioner in the aforesaid crime. Similarly situated accused Ajay Rai has already been granted bail by a coordinate Bench of this court vide order dated 02.03.2020 passed in Cr. Misc. No. Similarly situated accused, Pankaj Tiwari, has already been granted bail by a co-ordinate Bench of this court vide order dated 19.01.2015 passed in Cr. Misc. No. 35008/2014. Petitioner is in custody since 19.01.2021 and investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, 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 Sub divisional Judicial Magistrate, Sikrahana, East Champaran in connection with Patahi PS case No.82/2013. (Prabhat Kumar Singh, J) BKS/- U T