Sonelal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37795 of 2022 Arising Out of PS. Case No.-124 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== SONELAL SAHNI SON OF FULGEN SAHANI R/O VILLAGE- BARA HARDIYA, P.S.- MADHUBAN, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan For the State :

Ms. Sharda Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 341, 323, 307, 504 and 506 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the other co-accused persons abducted the informant, assaulted

Patna High Court CR. MISC. No.37795 of 2022(2) dt.18-10-2022 2/3 on his head using an iron rod with the intention to kill, and after assuming him dead, they threw him near Fauji Line Hotel, NH-28.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner and the specific allegation is against the co-accused Mahesh Prasad Kushwaha. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.03.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant sustained grievous injury on his head. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Pipra Kothi

Patna High Court CR. MISC. No.37795 of 2022(2) dt.18-10-2022 3/3 P.S. Case No. 124 of 2021, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will have liberty to move for cancellation of bail of the petitioner.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T