Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58481 of 2022 Arising Out of PS. Case No.-520 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Munna Sahani, Son of Bachchalal Sahani, Residence of Village - Majhariya Sekh, P.S.- Majahuliua, District - West Champaran at Bettiah. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioner is not named in the F.I.R. apprehends his arrest in connection with Majhauliya P.S. Case No. 520 of 2020 registered for the offences punishable under Sections 302, 34 of the Indian Penal Code and 27 of the Arms. Act.

The case of prosecution is that some named coaccused persons alongwith some unknown co-accused persons committed murder of the brother of informant by causing firearm injuries after calling the deceased brother of informant

Patna High Court CR. MISC. No.58481 of 2022(4) dt.24-04-2023 2/2 from the home due to certain unexplained previous enmities. Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in the FIR and his name surfaced during the course of investigation on the basis of confessional statement of co-accused, namely, Vijay Yadav, where in furtherance thereof, no incriminating material recovered/surfaced till now, which may connect petitioner, prima facie, with the alleged occurrence. It is also pointed out that even petitioner not alleged to be found in inimical terms with the brother of informant.

Learned APP opposes the prayer for grant of bail and submitted that the nature of offence is heinous and investigation of this case is still under progress. He also pointed out that petitioner found involved in two criminal cases. Considering the aforesaid facts and circumstances and as investigation of this case is yet to complete, the prayer of anticipatory bail of this petitioner is rejected herewith. (Chandra Shekhar Jha, J) veena/- U T