Chandeshwar Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62559 of 2018 Arising Out of PS. Case No.-25 Year-2010 Thana- PANAPUR District- Saran ====================================================== 1.

Chandeshwar Sahani Son of Late Bindeshwari Sahani 2.

Kamlesh Sahani@ Chhotaka Rajan Son of Sri Chandeshwar Sahani Both resident of village-Marwan BasahiyanSonbarsa P.S.-Panapur, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

The State Of Bihar null null ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Panapur P.S.Case No.25 of 2010 dated 1.5.2010 corresponding to G.R.No.1353 of 2010 registered for offences punishable under Sections 302 with 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of the Criminal Law (Amendment)Act.

Allegation as per the FIR is that the miscreants came on three motorcycles and fired at the brother of the informant causing his death and also through MCC pamphlets. The petitioner is not named in the FIR and later on his name transpired in the statement recorded under Section 164 of the

Patna High Court CR. MISC. No.62559 of 2018(4) dt.09-04-2019 2/2 Cr.P.C. of Subhash Gupta @ Chandanjee and submission of the learned counsel for the petitioner is that only on suspicion he has been made accused and nothing else has come against the petitioner.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that the case is of the year, 2010 and later on the name of the petitioner has appeared and the case diary shows that the police raided the house of the petitioner also. Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on the basis of materials available on the record and if possible to be disposed of on the same day. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T