Surendra Sahani @ Sulendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53493 of 2016 Arising Out of PS.Case No. -127 Year- 2016 Thana -MANSI District- KHAGARIA ====================================================== Surendra Sahani @ Sulendra Sahani, Son of Kishun Sahani, Resident of village - Chukti, P.S. Mansi, Distt.- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Mansi P.S. Case No. 127 of 2016/ G.R. No. 1452 of 2016 for the offences punishable under sections 302 and 120 (B)/34 of the I.P.C.

Allegedly, the petitioner and other FIR named accused persons committed murder of father of the informant under criminal conspiracy.

Submission is of false implication and that the petitioner has got no criminal antecedent, during investigation, vide paragraph- 75 of the case diary, it has come that Rajdeep Yadav was killed by Bikram Yadav and others and not by the

Patna High Court Cr.Misc. No.53493 of 2016 (4) dt.14-02-2017 2/2 petitioner, except suspicion there is no substantive evidence against the petitioner to suggest his implication in the present case, similarly situated co-accused Manju Devi has been allowed bail vide Cr. Misc. No. 51583 of 2016 and as such the petitioner also deserves sympathetic consideration, during supervision the Sub. Divisional Police Officer has found the allegation false against the petitioner and others and the allegation against Bikram Yadav and others have been found true.

The learned A.P.P. submits that the petitioner is named in the FIR.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Khagaria in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T