Bhageshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39313 of 2022 Arising Out of PS. Case No.-72 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== BHAGESHWAR SAHNI S/O LATE SUKHDEV SAHNI Resident of villageTajpur, P.S.- Barurj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 302/120(B) of the Indian Penal Code and sections 25(1-b) a, 26, 35 and 27 of the Arms Act.

As per allegation in the FIR, while informant's father was fishing in his pond, several accused persons, having arms in their hand, came there and started indiscriminate firing as a result of which four persons received gun shot injuries. They were brought to hospital for treatment where doctor declared brought dead to Mukesh Sahni and Rajesh Sahni. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner

Patna High Court CR. MISC. No.39313 of 2022(3) dt.04-01-2023 2/2 has fired upon Anil Thakur, Sonu Kumar and Rama Singh but their injury reports are not brought on record. Specific allegation of killing Mukesh Sahni and Rajesh Sahni is against other coaccused persons. Petitioner is an old man of 75 years and languishing in judicial custody since 5.3.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st (West) Muzaffarpur in connection with Sahebganj P.S. Case No. 72 of 2022.

(Sunil Kumar Panwar, J) sushma/- U