Biswanath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48837 of 2021 Arising Out of PS. Case No.-409 Year-2019 Thana- DHAKA District- East Champaran ====================================================== Biswanath Sahani S/o Baleshwar Sahani R/o village- Dewapur, P.S.- Patahi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

23-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Dhaka (Pachpakri O.P.) P.S. Case No. 409 of 2019, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, while the informant was returning home on motorcycle, four miscreants riding on two Apache Motorcycles intercepted him and fired upon the informant, which hit on left side of his chest and left arm and thereafter, all the four miscreants fled away. Petitioner is not named in the F.I.R. Name of the petitioner has transpired on the basis of his self-confessional statement in another case i.e. Chiraiya P.S. Case No. 24 of 2020. No incriminating article has been recovered from the possession

Patna High Court CR. MISC. No.48837 of 2021(2) dt.23-11-2021 2/2 of the petitioner and till date, he has not been put on T.I.P. Petitioner is in custody since 07.01.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Dhaka (Pachpakri O.P.) P.S. Case No. 409 of 2019.

(Prabhat Kumar Singh, J.) anay U T