Jay Jay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44924 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Jay Jay Sahni Son Of Paro Sahni @ Parameshwari Sahni Resident Of VillPuraini Bazar (Puraini), Ward No.-05, P.S.- Puraini, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State. Perused the case diary. 2.

The petitioner seeks bail in connection with Udakishunganj P.S. Case No. 254 of 2023 registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in a nutshell is that son of the informant was returning home in the evening hours, the miscreants sitting in ambush shot bullet at him and fled away from the spot.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.44924 of 2024(3) dt.30-08-2024 2/3 It is submitted that petitioner is not named in the FIR and name of the petitioner has transpired in this case on the basis of his self-confessional statement regarding his guilt before the police made in Puraini PS Case No. 192 of 2023. It is submitted that there is no eye witness to the occurrence. It is next submitted that nothing incriminating article was recovered from the conscious possession of the petitioner or from the house of the petitioner. Petitioner is in custody since 02-01-2024 having eleven criminal antecedents. Charge sheet has been submitted in this case. Co-accused, namely, Raju Yadav @ Raja @ Raja Yadav has been granted bail vide order dated 22-03-2024, passed in Cr. Misc. No. 21351 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted by referring to paragraph No. 47 of the case diary that petitioner himself has very categorically confessed his guilt. Paragraph No. 30 is the confessional statement of co-accused, namely, Raja Yadav, who has stated the complicity of the petitioner in the occurrence.

6.

Considering the rival submissions made by the learned counsel for the parties, taking into account the confessional statement of the petitioner himself regarding his

Patna High Court CR. MISC. No.44924 of 2024(3) dt.30-08-2024 3/3 complicity in the crime and perusing the materials available in the case diary, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for grant of regular bail to the petitioner is rejected.

7.

However, petitioner is at liberty to renew his prayer for grant of regular bail if the trial is not concluded within a period of six months.

(Rudra Prakash Mishra, J) Raj Kishore/- U T