Lalo Sahni @ Lalbabu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65248 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== LALO SAHNI @ LALBABU SAHNI SON OF LATE RAMVILASH SAHNI R/O VILL.- VASUDEOPUR, P.S.- KALYANPUR, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and 120B read with section 34 of the Indian Penal Code. As per the prosecution case, the petitioner and the coaccused persons in connivance with one another took the informant's brother away and they have beaten the informant's brother to death with lathi, danda and iron rod. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.65248 of 2022(2) dt.13-03-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is no eye witness to the occurrence. Similarly situated co-accused has already been granted bail by the coordinate bench vide order dated 06.01.2023 passed in Cr. Misc. No. 20412 of 2022. The death of the informant's brother is due to brain injury with hemorrhage shock. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.04.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Kalyanpur P.S. Case No. 239 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T