Rajesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59723 of 2023 Arising Out of PS. Case No.-466 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== RAJESH SAHNI Son of Chalitar Sahni @ Charitar Sahni RESIDENT OF VILLAGE - Sohil Chhapra, P.S. - Turkauliya, Distt. - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 304, 308, 328, 201/34 of the Indian Penal Code and Sections 33, 34, 37, 41 of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, is that on 16.04.2023 the S.H.O., Turkauliya Police Station received information that some persons have fallen ill in mysterious circumstances under Turkauliya Jurisdiction and amongst them some died during the

Patna High Court CR. MISC. No.59723 of 2023(2) dt.18-09-2023 2/3 course of their treatment and the dead-bodies were creamated in haste.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused Lavkush and Sandeep Sharma, due to rivalry. Petitioner has no knowledge and no concern with the alleged recovered articles. Nothing incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 30.08.2023 passed in Cr. Misc. No. 57383 of 2023. He is languishing in judicial custody since 04.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.59723 of 2023(2) dt.18-09-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Turkauliya P.S. Case No. 466 of 2023.

(Sunil Kumar Panwar, J) arish/- U