Patna High CourtCR. MISC./65622/2022allowed

Dharmendra Sahani v. The State Of Bihar

2023-07-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65622 of 2022 Arising Out of PS. Case No.-209 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== Dharmendra Sahani Son Of Ram Naresh Sahani @ Naresh Sahani R/O Vill.- Lahi, P.S.- Madhuban, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Section 302 of the Indian Penal Code.

3. It is a case of commission of murder to the informant's minor son, namely, Chandan Kumar. There is strong suspicion against the petitioner as prior to the alleged occurrence, he had given threatening to the informant to kill her son.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner has been dragged in the

Patna High Court CR. MISC. No.65622 of 2022(6) dt.26-07-2023 2/2 present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case. As per FSL report, no poisonous or other alkaloid substance could be detected. In fact, it is a case of last seen. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 24.5.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 JM, 1st Class, East Champaran at Motihari in connection with Madhuban PS Case No. 209 of 2021.

(Sunil Kumar Panwar, J) sushma/- U