Sunil Kumar Sahni @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59810 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== Sunil Kumar Sahni @ Sunil Kumar s/o Rajdeo Sahni r/v-Korbadha, P.S.-Samastipur (Muffasil), District - Samastipur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in Samastipur (Rail) P.S. Case No. 52/2018 corresponding to Sessions Trial No. 371/2018, instituted for the offences punishable under Sections 302, 34 of the Indian Penal Code and section 27 of the Arms Act.
It is alleged in the written report filed by the copassenger that two unknown persons shot dead the victim at Nazirganj Railway Station inside the bogie of Lokmanya Tilak Terminal Express and the victim fell down in the bogie. Thereafter, the informant informed the police officials and the case was registered.
Patna High Court Cr.Misc. No.59810 of 2018(3) dt.27-11-2018 2/3 Case diary has been received in this case.
Counsel for the petitioner has submitted that petitioner is not named in the F.I.R. Name of the petitioner had come in the confessional statement of co-accused Vikash Kumar @ Vikki who was also identified by the police on the basis of details of C.C.T.V. footage. One of the co-accused Mukesh Sahani has been granted bail by a coordinate bench of this court vide order dated 20.09.2018 passed in Cr. Misc. No. 57215/2018.
Counsel for the informant has submitted that this petitioner was put on Test Identification Parade and he has been identified by Sushil Kumar who is said to be travelling with the co-passenger, but in the F.I.R. there is no mention that Sushil was also travelling with the informant Saroj Kumar Jha. Charge has been framed under Sections 396 and 412 of the Indian Penal Code.
Considering the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Samastipur in connection with Samastipur
Patna High Court Cr.Misc. No.59810 of 2018(3) dt.27-11-2018 3/3 (Rail) P.S. Case No. 52/2018 corresponding to Sessions Trial No. 371/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) vinita/- U T