Patna High CourtCR. MISC./41795/2024bail granted

Prakash Sahni v. The State Of Bihar

2024-10-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41795 of 2024 Arising Out of PS. Case No.-409 Year-2019 Thana- DHAKA District- East Champaran ====================================================== PRAKASH SAHNI SON OF AKINDRA SAHNI R/O- VILLAGEDEVAPUR, P.S.- PATAHI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad , Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the parties.

2. Petitioner seeks regular bail in a case registered for the offence under Sections 341 , 323 , 307, 120 (B) and 34 of the Indian Penal Code and 27 of Arms Act.

3 . As per prosecution case , on the alleged date and time of occurrence , while informant was returning home on motorcycle , four miscreants riding on two Apache motorcycles intercepted him and fired upon informant, which hit on left side of his chest and left arm and thereafter, all the four miscreants fled away .

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., and has falsely been implicated in this false and concocted case only on suspicion . There is no direct or indirect allegation against this petitioner.

Patna High Court CR. MISC. No.41795 of 2024(3) dt.18-10-2024 2/2 It is further submitted that till date only two witnesses have been examined and and there is no likelihood of conclusion of the trial in near future . Petitioner is in custody since 07.01.2021 . 5 . Learned counsel for State opposed the bail petition .

6. Considering the period of custody of the petitioner and the tardy progress of the trial, let the petitioner as named above 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 the learned 22nd Additional Sessions Judge East Champaran at Motihari in connection with Dhaka Police Station Case No. 409 of 2019 Sessions Trial No. 337 of 2022 .

(Prabhat Kumar Singh, J) Koushik/- U T