Chandan Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21905 of 2018 Arising Out of PS.Case No. -113 Year- 2017 Thana -NAYAGAON District- SARAN ======================================================

1. Chandan Sahni, S/o Suresh Sahni,

2. Suresh Sahni @ Kukar Sahni S/o Late Raghuni Sahni,

3. Barud Sahni S/o Late Raghu Sahni, All are R/o Vill.- Naya Gaon, Baherva Gachhi, P.S.- Naya Gaon, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar, APP For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-04-2018 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioners are in custody in connection with Naya Gaon P.S. Case No.113 of 2017, a case under Sections 120B/302/34 of the Indian Penal Code.

According to FIR, two other named persons took away to the son of the informant, who had recently came out from the jail, and thereafter dead body of the son of the informant was found. Suspicion is that due to enmity those persons and these petitioners have committed murder.

Learned counsel for the petitioners submits that

Patna High Court Cr.Misc. No.21905 of 2018 (2) dt.19-04-2018 P2/ except suspicion there is no other material against the petitioners. Petitioners have no criminal antecedent. They are in custody since 08.11.2017. Investigation of the case is complete and the petitioners are ready to cooperate with the trial. Learned counsel for the informant opposed the prayer on the ground that two other co-accused are still threatening to withdraw the case.

Considering the fact that there is no substantial material against the petitioner to refuse the prayer for bail, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Naya Gaon Police Station Case No.113 of 2017, with condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Mkr./- U T