Patna High CourtCR. MISC./70571/2023allowed

Chotu Sahni v. The State Of Bihar

2023-11-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70571 of 2023 Arising Out of PS. Case No.-112 Year-2020 Thana- NADI P.S. District- Patna ====================================================== CHOTU SAHNI SON OF UPENDRA SAHANI RESIDENT OF VILLAGESAMASPUR, PS- NADI THANA, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 379 of the Indian Penal Code.

3. As per prosecution case, allegation against the petitioner and others to commit murder of the grand mother of the informant and stolen household articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this on the basis of confessional statement of co-accused Deepak Kumar who was already enlarged on bail granted by coordinate Bench of this court vide order dt. 3.11.2023 passed in

Patna High Court CR. MISC. No.70571 of 2023(2) dt.07-11-2023 2/2 Cr. Misc. No. 62662 of 2023. Except confession, no any cogent material has come against the petitioner to show his complicity. He has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since13.9.2021.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nadi P.S. Case No. 112 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City.

(Sunil Kumar Panwar, J) Amandeep/- U T