Kranti Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43901 of 2024 Arising Out of PS. Case No.-28 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Kranti Sahni Son of Ishwardev Sahni @ Ishwar Deo @ Ishwar Sahni R/O Vill.- Sripur, P.S.- Cheria Bariyarpur, Dist.- Begusarai ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Braj Bhusan Poddar, Advocate For the Opposite Party/s :
Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2024 Heard learned counsel appearing on behalf of the petitioner and Mr. Zainul Abedin, learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Khodawandpur P.S. Case No. 28 of 2022 registered for the offences under Sections 302/201/120B/34 of the Indian Penal Code.
3. The petitioner is not named in the First Information Report and is in custody since 02.01.2024.
4. Allegation against the petitioner is to murder the brother of informant alongwith other co-accused persons, where dead body of the brother of informant was recovered from an open place, suspecting that death was caused by
Patna High Court CR. MISC. No.43901 of 2024(2) dt.19-07-2024 2/3 pressing neck or by way of drowning.
5. It is submitted by learned counsel appearing on behalf of the petitioner that name of this petitioner surfaced out of confessional statement of co-accused Janardan Sahni @ Jalo Sahni in course of investigation, in furtherance of which no incriminating material has been recovered or surfaced as to connect this petitioner prima-facie with the present occurrence of murder. It is submitted that said coaccused Janardan Sahni @ Jalo Sahni has already been granted bail by this Court through Cr. Misc. No. 2879/2023 vide order dated 26.06.2023. It is further submitted that the dead body of brother of informant was found in open Kawar Jhil, which is accessible by general public and did not connected in any manner with this petitioner. While concluding argument, it is submitted that petitioner is a man of clean antecedent and investigation of this case is complete and, therefore, there is no chance of tampering with the evidence.
6. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.43901 of 2024(2) dt.19-07-2024 3/3
7. Considering the facts and circumstances as mentioned above save and except suspicion arising out of confessional statement of co-accused Janardan Sahni @ Jalo Sahni, nothing incriminating appears against this petitioner coupled with the fact that petitioner is in custody since 02.01.2024 and investigation of this case is completed, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, Manjhaul, Begusarai/concerned court, in connection with Khodawandpur P.S. Case No. 28 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.
(Chandra Shekhar Jha, J.) Rajeev/- U T