Vinod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8396 of 2021 Arising Out of PS. Case No.-195 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== VINOD SAHANI S/o Late Santlal Sahni Resident of Vill.- Dharphari, P.S.- Deoriya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-07-2021 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 Sahebganj P.S. Case no. 195 of 2020 registered under sections 302, 364, 365, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, the five named accused persons including the petitioner herein are stated to have kidnapped the son of the informant and in spite of all efforts he could not to be found. The informant states that the accused persons have killed him. It is submitted by learned counsel for the petitioner that for an occurrence alleged to have taken place on 18.10.2019 information was given to the police on 22.4.2020. There is no

Patna High Court CR. MISC. No.8396 of 2021(4) dt.13-07-2021 2/2 explanation whatsoever for the delay of 6 months in reporting the matter to the police. No incriminating material has transpired in course of investigation to connect the petitioner with the alleged crime. Even in the FIR only a suspicion has been raised. The petitioner is in custody since 17.8.2020.

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 together with the petitioner having remained in custody for nearly 11 months and investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Sahebganj P.S. Case no. 195 of 2020 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 A.C.J.M. 1st Class West -cum-Sub Judge, Muzaffarpur. Spd/- (Partha Sarthy, J) U T