Chhote Sahani @ Chhote Lal Sahani @ Chotey Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34528 of 2016 Arising Out of PS.Case No. -138 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== Chhote Sahani @ Chhote Lal Sahani @ Chotey Sahni Son of Narayan Sahni Resident of Village- Jogia Rudauli, PS Aurai, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Firoz Raza For the Opposite Party/s : Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

06-09-2016 Heard Mr. Syed Firoz Raza, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is one of the named accused in the F.I.R. in Aurai P.S. Case No. 138 of 2015 registered for the offence under Sections 302/34 of the Indian Penal Code, has prayed for grant of bail in the event of arrest or surrender. It was submitted by learned counsel for the petitioner that it is true that petitioner has been named in F.I.R. with an allegation that he was carrying an arm, but there is no allegation of any overt act against the petitioner. He further submits that petitioner has falsely been implicated due to the reason that earlier petitioner's wife had lodged an F.I.R. against the son of the deceased, whereas, the said F.I.R. i.e. Annexure - 2 was lodged in

Patna High Court Cr.Misc. No.34528 of 2016 (2) dt.06-09-2016 2/2 the year 2011 and in the present case, the occurrence has taken place in the year 2015.

The Court is of the opinion that in such a situation, there is no question for extending the privilege of anticipatory bail. Dismissed.

(Rakesh Kumar, J.) Anay U T