Suresh Sahani @ Suresh Prasad Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60113 of 2025 Arising Out of PS. Case No.-54 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Suresh Sahani @ Suresh Prasad Sahani S/o Late Lakhan Sahani @ Lokhan Sahani Resident of village- Makhanaha, P.S- Bahedi, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bauye Jee Jha, Advocate For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-08-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Trial no.2853 of 2024 (arising out of Baheri P.S. Case no. 54 of 2024), registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that his brother was called for video photography to the house of Suresh Sahni on the occasion of his birthday. As the video camera was not charged, it is stated that the five named accused persons including the petitioner herein became infuriated and after some altercation, Rakesh Sahni shot the brother of the informant in his mouth with a revolver as a result of which he sustained firearm injury. The accused left him at the DMCH where he died.
Patna High Court CR. MISC. No.60113 of 2025(2) dt.29-08-2025 2/2
4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 13.12.2024 passed in Cr. Misc. no.71277 of 2024 giving liberty to the petitioner to renew his prayer for bail after six months. It has been more than six months since the passing of the said order. The petitioner has remained in custody since 19.8.2024 and undertakes to cooperate in the case in the learned Court below.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, liberty granted in the earlier order of rejection dated 13.12.2024 and the petitioner having remained in custody for more than 1 year since 19.8.2024, the Court directs the petitioner to be enlarged on bail in connection with Trial no.2853 of 2024 (arising out of Baheri P.S. Case no. 54 of 2024) on 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, Darbhanga. (Partha Sarthy, J) Saurabh/- U T