Patna High CourtCR. MISC./63335/2023bail granted

Binod Sahni @ Vinod Sahni v. The State Of Bihar

2023-10-10Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63335 of 2023 Arising Out of PS. Case No.-427 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Binod Sahni @ Vinod Sahni, S/O - Shiv Sahni, R/O Village- Dhawhi, P.S.- Harsidhi, Dist.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 420, 328, 302 and 34 of the Indian Penal Code and Section 34 of the Bihar Prohibition and Excise Act.

3. As per the allegation, the informant's husband died due to drinking spurious liquor.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2023. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the FIR. The name of this

Patna High Court CR. MISC. No.63335 of 2023(2) dt.10-10-2023 2/2 petitioner transpired in the present case on the basis of confessional statement of co-accused, namely, Pappu Yadav. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence. There is no recovery of any incriminating article from the possession of the petitioner.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Harsidhi P.S. Case No. 427 of 2023.

(Sudhir Singh, J) annu/- U T