Patna High CourtCR. MISC./55401/2023allowed

Manoj Sahni v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55401 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- DANDARI District- Begusarai ====================================================== Manoj Sahni S/O - Late Ashik Sahni @ Late Ashik R/O Village - Bela Simri, P.S. - Nagar (GANGAUR O.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 302 of the Indian Penal Code.

3. As per prosecution case, the dead body of the informant's husband was lying in the boat near Gandak River and the informant raised suspicion that this petitioner might be killed the informant's husband.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no eye witness of the alleged occurrence and also nothing consistent material has come against the petitioner to implicate in this alleged offence.

Patna High Court CR. MISC. No.55401 of 2023(3) dt.28-11-2023 2/2 Only suspicion raised by informant that petitioner might be killed his husband. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dandari P.S. Case No. 23 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Begusarai.

(Sunil Kumar Panwar, J) Shubham/- U T