Baban Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25905 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Baban Sahani

2. Hem Narayan Sahni @ Bhagat Sahni Both sons of Krishnadeo Sahni Resident of Village - Bhawani Chhaper (Usari Tola), P.S. - Khampar, Distt. - Deoraia (U.P.) .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in judicial custody since 09.02.2017 in connection with Mirganj P.S. Case No. 81 of 2016 for offences punishable under Sections 302, 201/34 of the Indian Penal Code.

The prosecution case, as lodged by the local Chawkidar, is that he found an unknown dead body in a wheat field thereafter one Dinanath Sahni filed a written report on 08.04.2016 stating therein that the dead body was of his son Chandan Sahni who had gone out of the house since 02.04.2016

Patna High Court Cr.Misc. No.25905 of 2017 (4) dt.05-09-2017 2/2 and did not return.

It has been submitted by the learned counsel for the petitioners that they are innocent and all the family members have been implicated only on suspicion and they have no criminal history and the motive is also not there. He submits that they were not named in the F.I.R. but on the written statement of Dinanath Sahni the names surfaced. He submits that one of the co-accused has been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 44381 of 2016 on 19.12.216 and the case of the petitioners is similar.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioners, above named, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No.81 of 2016.

(Nilu Agrawal, J) Devendra/- U T