Ravindra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70428 of 2021 Arising Out of PS. Case No.-88 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== Ravindra Sahni, S/o Lakhan Sahni, Resident of Village- Raksa, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Karja P.S. Case No. 88 of 2019 registered for the alleged offences under Sections 302, 120(B) and 34 of the Indian Penal Code.

As per prosecution case, the petitioner and other coaccused persons killed the father of the informant on dispute over some money.

The learned counsel for the petitioner submits the petitioner is innocent and has been falsely implicated in this case. The petitioner was not present at the place of occurrence

Patna High Court CR. MISC. No.70428 of 2021(3) dt.11-10-2022 2/3 and he had been admitted in hospital during the period 02.04.2019 to 09.04.2019 whereas the occurrence took place on 05.04.2019. There is no motive behind the occurrence. Except for suspicion there is nothing against this petitioner. FIR named other co-accused persons have been granted bail by different Co-ordinate Benches of this Court vide orders dated 23.10.2019 passed in Cr. Misc. No. 65965 of 2019, 27.11.2019 passed in Cr. Misc. No.69815 of 2019, 13.08.2019 passed in Cr. Misc. No. 48924 of 2019 and 02.09.2019 passed in Cr. Misc. No. 55463 of 2019. The case of the petitioner is similarly placed. The petitioner is in custody since 24.09.2021 and the charge-sheet has been submitted in this case. The petitioner has got clean antecedent.

Learned APP opposes the prayer for bail submitting that the petitioner is named in the FIR and the dead body was recovered from his house.

Perused the records.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the grant of bail to similarly placed co-accused persons including the father of the petitioner and also considering the clean antecedent of the petitioner and his period of custody along with submission of charge-sheet, the petitioner

Patna High Court CR. MISC. No.70428 of 2021(3) dt.11-10-2022 3/3 above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 5th, (West) Muzaffarpur in connection with Karja P.S. Case No. 88 of 2019, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T