Patna High CourtCR. MISC./62861/2023bail granted

Sikindra Sahni @ Sikindar Sahni v. The State Of Bihar

2023-12-06Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62861 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SIKINDRA SAHNI @ SIKINDAR SAHNI S/O SATYANARAYAN SAHNI R/O VILLAGE- GULABPATTI MUNDMALA PARSAUNI, P.S. SAHEBGANJ, DIST. MUZAFFARPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78768 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== RAJENDRA SAHANI SON OF SATYA NARAYAN SAHANI R/O VILLAGE- GULAB PATTI MUNDMALA PERSAUNI, P.S.- SAHEBGANJ, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 62861 of 2023) For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 78768 of 2023) For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-12-2023

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Sahebganj P.S. Case no.73 of 2023 registered under sections 302 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.62861 of 2023(3) dt.06-12-2023 2/3

3. As per the prosecution case, the five named accused persons including the petitioners herein are said to have taken away the son of the informant and soon thereafter his dead body was recovered.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. There is no eye witness to the occurrence. No material has transpired in course of investigation to connect the petitioners with the alleged crime. Co-accused Satindra Sahni @ Satyendra Sahni and Bibha Devi have been enlarged on anticipatory bail on 31.10.2023 vide order passed in Cr. Misc. no.66611 of 2023. The petitioners namely Sikindra Sahni @ Sikindar Sahni and Rajendra Sahani are in custody since 16.6.2023 and 19.8.2023 respectively and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the case of the petitioners standing on a better footing to that of above two co-accused who have been enlarged on anticipatory bail, the petitioners being in custody since 16.06.2023 and 19.08.2023 respectively and chargesheet having been submitted in the case, the Court directs both the

Patna High Court CR. MISC. No.62861 of 2023(3) dt.06-12-2023 3/3 petitioners to be enlarged on bail in connection with Sahebganj P.S. Case no.73 of 2023 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Court no.4, Muzaffarpur (West), Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T