Chhotu Kumar @ Chhotu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66758 of 2024 Arising Out of PS. Case No.-379 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Chhotu Kumar @ Chhotu Sahani Son of Satya Narayan Sahani Resident of Village- Manpurwa, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Section 302/34 of the Indian Penal Code.
3. The informant namely Radhika Devi alleged that on 04.09.2022 at about 10 PM, Helna Jojo informed her son Mithilesh Sahni on phone that some persons were attacking his father. It is further alleged that when Mohan Sahni and others rushed to the spot, they found that all the accused persons had committed the murder of husband of informant by cutting his neck and wrist with knife. It is further alleged that prior to this occurrence, petitioner and others had threatened to kill the deceased.
Patna High Court CR. MISC. No.66758 of 2024(3) dt.10-07-2025 2/2
4. Learned counsel for the petitioner submits that from perusal of F.I.R., it is apparent that informant is not eye-witness to the occurrence and one Helna Jojo, who had informed informant's son on phone about the alleged occurrence, has not whispered the name of any accused person. Only suspicion has been raised against the petitioner due to land dispute and previous enmity. Save & except suspicion, there is no material against this petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Madhuban P.S. Case No. 379 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T