Patna High CourtCR. MISC./65206/2023allowed

Mithilesh Sehani v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65206 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- GAIGHAT District- Muzaffarpur ====================================================== MITHILESH SEHANI Son of Amiri Sahani R/o vill - Kanta, P.S. - Gaighat, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302, 120B and 34 of the Indian Penal Code.

3. As per FIR, the petitioner is alleged to have indulged in hatching conspiracy to kill the informant's son in connivance with others co-accused persons and threw the body of the deceased in river.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is no eye-witness of the alleged occurrence. During course of investigation, no any consistent material has come against the petitioner. The

Patna High Court CR. MISC. No.65206 of 2023(2) dt.12-10-2023 2/2 entire prosecution hinges around merely on suspicion. He further submitted that the others co-accused have already been granted bail by this Bench vide order dated 31.08.2023 passed in Cr. Misc. No. 55888 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur (east) in connection with Gaighat P.S. Case No. 137 of 2023. (Sunil Kumar Panwar, J) Arish/- U T