Bhairo Sahani @ Bhairav Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40623 of 2023 Arising Out of PS. Case No.-421 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== Bhairo Sahani @ Bhairav Sahani Son Of Late Ugam Sahani Resident Of Village - Nawada, P.S.- Govindganj, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 364, 365/34 of the Indian Penal Code. It is alleged against the petitioner and others that they took away the brother of the informant with themselves but the brother of the informant did not return and when the informant made query about his brother, the petitioner did not give any satisfactory reply.

Patna High Court CR. MISC. No.40623 of 2023(2) dt.14-07-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim went missing on 08.08.2022 but the F.I.R was registered on 15.08.2022 without explaining the delay. The informant is not the eye witness to the occurrence and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is languishing in custody since 06.05.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one. Moreover, other similarly situated co-accused have been granted privilege of bail by a coordinate Bench of this Court vide order dated 23.03.2023 passed in Cr. Misc. No. 2341 of 2023 and other analogous cases.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.40623 of 2023(2) dt.14-07-2023 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Govindganj P.S. Case No. 421 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T