Birju Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37877 of 2014 Arising Out of PS.Case No. -236 Year- 2014 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Birju Sahni son of Binda Sahni @ Bindeshwari Sahni, resident of VillageShambhupatti, P.S.-Samastipur(Muffasil), District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Paswan For the Opposite Party/s : Mr. Ashok Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-01-2015 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the bail application by filing a supplementary affidavit.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody since 27.6.2014 in Samastipur (M) P.S. Case No.236/14 for the offences under Sections 304, 412, 414 and 216A of the Indian Penal Code. It is submitted on behalf of the petitioner that though the petitioner is said to have been identified by the informant and till date he has not yet been put on test identification parade. It is further submitted that his name transpired in the confessional statement of one co-accused Rajesh Sahni. There is no cogent material on the record so as to connect the petitioner with the

Patna High Court Cr.Misc. No.37877 of 2014 (4) dt.08-01-2015 2/2 present case.

Considering the aforementioned submissions and also the fact that the petitioner has been languishing in custody for more than six months and that one similarly situated Lalita Devi has been extended the privilege of bail by this Court vide order dated 4.12.2014 passed in Cr.Misc. No.44736 of 2014, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Samastipur, in Samastipur (M) P.S. Case No.236/14.

(Anjana Mishra, J) AnilKrSinha/- U T