Patna High CourtCR. MISC./66053/2023bail granted

Girja Sahni v. The State Of Bihar

2023-10-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66053 of 2023 Arising Out of PS. Case No.-427 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Girja Sahni S/O Late Khedaru Sahni R/O Village- Jaisinghpur, Ghoraghat Pool, P.S- Turkaulia, Distt.- East Champaran. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Harsidhi P.S. Case no. 427 of 2023 registered under sections 302, 420 and 328/34 of the Indian Penal Code and section 34 of the Bihar Prohibition and Excise Act, 2016

3. As per the prosecution case, the informant states that the accused persons ie Pappu Yadav and Girja Sahani ie the petitioner herein made her husband to drink poisonous liquor as a result of which he fell ill and soon thereafter died in course of treatment.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case for oblique reasons. From the contents of the FIR itself it is evident that the informant is not an eye witness to the occurrence. The petitioner

Patna High Court CR. MISC. No.66053 of 2023(2) dt.19-10-2023 2/2 has no criminal antecedent and is in custody since 14.7.2023. Charge-sheet has been submitted in the case.

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 in the FIR, the petitioner having remained in custody since 14.7.2023, his not having any criminal antecedent and charge-sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Harsidhi P.S. Case no. 427 of 2023 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 Exclusive Special Excise Court No.1, East Champaran at Motihari.

(Partha Sarthy, J) ajay/- U T