Devendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46826 of 2023 Arising Out of PS. Case No.-410 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Devendra Sahni, S/o Bajrangi Sahani, R/o Village-Laskaripur, P.S-Kanti, Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The petitioner seeks bail in connection with Kanti P.S. Case No.410 of 2022 registered for the offences punishable under Sections 365, 302 and 201 read with 34 of the Indian Penal Code.

3.

The accused/petitioner is named in the FIR and is in custody since 22.05.2023.

4.

Allegation against the petitioner is to commit the murder of son of the informant along with other co-accused persons after kidnapping.

5.

It is submitted by Mr. Ansul, learned counsel appearing for the petitioner that petitioner has been implicated

Patna High Court CR. MISC. No.46826 of 2023(2) dt.01-08-2023 2/3 falsely out of local village dispute and differences, who is a man of clean antecedent. It is submitted that save and except last seen, nothing appears during the course of investigation as to connect him prima facie with present occurrence of murder. It is submitted that even the dead body of the son of informant found after two days of the alleged last seen, where son of informant left home with this petitioner out of his own will. While concluding argument, it is submitted that investigation of this case is completed for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. 6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances, as save and except last seen and suspicion, nothing appears prima facie to connect the petitioner with present occurrence of murder, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 22.05.2023, accordingly, the petitioner, above-named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Kanti P.S.

Patna High Court CR. MISC. No.46826 of 2023(2) dt.01-08-2023 3/3 Case No.410 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T