Ravindra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65263 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== RAVINDRA SAHNI S/o Lakhan Sahni R/o village- Raksa, P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 302, 120B, 34 of the Indian Penal Code.

The prosecution case as per the written report of Sachin Kumar Sahni submitted before the S.H.O., Karja Police Station is to the effect that on 5.04.2019 at about 5.30 P.M., the petitioner Ravindra Sahni and co-accused, Raju Sahni came in the house of the informant and took the father of the informant for settling of some money transaction, but subsequently, he was assaulted and killed by the accused

Patna High Court CR. MISC. No.65263 of 2019(3) dt.05-03-2020 2/3 persons. Consequently, the dead body of the father of the informant was recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner was admitted in the hospital from 02.04.2019 to 09.04.2019 when the occurrence is alleged to have taken place on 05.04.2019 and other family members of the petitioner were arrested, on the date of recovery of the dead body since the petitioner was admitted in the hospital, he could not be arrested. Moreover, there is no eye witness to the alleged occurrence, but only on the basis of suspicion, the accusation has been levelled against the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned counsel for the State after going through the case diary that the post mortem report suggests injuries on the body of the deceased and the dead body of the victim was recovered from the house of the petitioner.

Considering the nature of accusation, this Court is not inclined to release the petitioner on anticipatory bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders

Patna High Court CR. MISC. No.65263 of 2019(3) dt.05-03-2020 3/3 within a period of six weeks, in connection with Karja P.S. Case No. 88 of 2019, pending before the learned A.C.J.M.-II (West), Muzaffarpur.

With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T