Sikandar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5382 of 2021 Arising Out of PS. Case No.-256 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SIKANDAR SAHANI SON OF LATE ATAYA SAHANI VILLAGESIRSHA, P.S.- MUFFASIL, DISTRICT- EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Muffasil P.S. Case no. 256/2019 registered under sections 302, 307, 147, 148, 149 and 504 of the Indian Penal Code.

As per allegation in the first information report, the accused persons including the petitioner herein are stated to have come variously armed and of having assaulted the informant and the members of her family leading to her husband's death.

It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature and the

Patna High Court CR. MISC. No.5382 of 2021(2) dt.05-04-2021 2/2 injury report does not support the allegation as levelled in the first information report in so far as against the allegation of assault by seven accused persons only one lacerated wound was found on the body of the deceased. The petitioner is in custody since 11.3.2020, he has no criminal antecedent and his case stands on a similar footing to that of co-accused Arun Sahani who has been enlarged on bail vide order dated 6.1.2020 passed in Cr. Misc. No. 68385 of 2019.

The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case no. 256/2019 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 Chief Judicial Magistrate, East Champaran at Motihari.

(Partha Sarthy, J) Spd/- U T