Santosh Sahni @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40800 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== SANTOSH SAHNI @ SANTOSH KUMAR S/o Ritlal Sahni R/o village and P.O.- Karmpur North, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 65790 of 2022 Arising Out of PS. Case No.-267 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== INDRAJEET KUMAR S/O SUKHDEO RAM Resident of village- Chaupar Madan, P.S.- Bochahan, District- Muzaffarpur (Bihar). ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 40800 of 2022) For the Petitioner/s :

Mr. Dhananjay Kumar Singh For the Opposite Party/s :

Mr. Parmanand Kumar (In CRIMINAL MISCELLANEOUS No. 65790 of 2022) For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 504, 505, 506, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.40800 of 2022(3) dt.13-02-2023 2/3 As per prosecution case, it appears that supporters of ex-Mukhiya Ramshresta Sahni and present Mukhiya Baby Patel of Karnpur Uttari Panchayat exchanged firings by using fire arms, causing fire arms injury with intention to cause their death.

Learned counsel for the petitioners submit that petitioners have clean antecedent. The name of the petitioners has come on the basis of statement of one Baby Patel who was the candidate for the post of Mukhiya in Panchayat election. From perusal of the FIR, it appears that there is no specific allegation against the petitioners neither he has caused any firing nor he has created any nuisance. There is no allegation of overt act against the petitioner. He was only member of the mock. Similarly situated co-accused Navin Kumar and Dilip Patel have been granted bail by this Court vide order dated 10.08.2022 in Cr. Misc. No. 20377 of 2022 and vide order dated 02.09.2022 in Cr. Misc. No. 21286 of 2022. Petitioners are in custody since 22.10.2021.

Learned APP appearing for the State has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is

Patna High Court CR. MISC. No.40800 of 2022(3) dt.13-02-2023 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bochahan P.S. Case No. 267 of 2021, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Muzaffarpur/ concerned court.

(Sunil Kumar Panwar, J) Ranjeet/- U T