Vishnu Deo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51989 of 2016 Arising Out of PS.Case No. -127 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Vishnu Deo Sahni, Son of Buddhu Sahni, Resident of Village- Bhagat Tola, P.S. & District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302/120B of the Indian Penal Code.

Allegation against the petitioner is that he along with his full brother Chandan Sahani committed murder of the mother of the informant by throttling her. The informant claims to be the eyewitness of the occurrence. The reason for the occurrence is old land dispute.

Submission of the petitioner is that false case has been lodged just to harass in the land dispute matter. The truth is that in fact the informant committed the murder of his mother as his

Patna High Court Cr.Misc. No.51989 of 2016 (3) dt.09-02-2017 2/2 mother wanted to give the property to the sister of the informant who subsequently filed criminal case against the informant of this case.

Considering the entire facts, at this stage the informant cannot be disbelieved, hence, I am not inclined to grant anticipatory bail to the petitioner in connection with Khagaria Police Station Case No. 127 of 2015, pending in the Court of learned Chief Judicial Magistrate, Khagaria/Successor Court. Accordingly, the prayer for anticipatory bail is rejected. Mkr./- (Birendra Kumar, J) U T