Arjun Sahni @ Arjun Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42272 of 2023 Arising Out of PS. Case No.-119 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== Arjun Sahni @ Arjun Mukhiya Son Of Late Lovik Sahani @ Lobhik Sahni Resident Of Village- Deshri Urf Sahjahanpur, Ward No. 12, Malah Toli, PsBibhutipur, District- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under section 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, there was a quarres between the husband of the informant and co-accused Dasrath Choudhary and his son Raushan Choudhary. At same day, Dasrath Choudhary took him away to the house of Arjun Sahni for drink but he did not return till late night. During search, informant found the dead body of his husband and then the FIR.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific

Patna High Court CR. MISC. No.42272 of 2023(2) dt.21-07-2023 2/2 allegation ans suspicion was against co-accused Dasrath Chaudhary and Roshan Chaudhary but both were acquitted by the learned lower court, judgment is annexed as Annexure-3 to this petition. No one is the eye witness of the alleged occurrence. No specific overt act is alleged against the petitioner. Petitioner has got no criminal antecedent and languishing is judicial custody since 8.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. 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 Additional District and Sessions Judge-I, Rosera (Samastipur) in connection with Bibhutipur P.S. Case No. 119 of 2021. (Sunil Kumar Panwar, J) sushma/- U