Satya Narayan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74405 of 2024 Arising Out of PS. Case No.-1260 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Satya Narayan Sahani Son Of Late Punilal Sahani Resident Of Village - Shekhpur Dab, P.S. - Ahiyapur, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur P.S. Case No. 1260 of 2023 instituted for the offence under Sections 302, 120(B) of the Indian Penal Code. 3.

As per prosecution case, on 01-10-2023, accused persons including the petitioner killed the informant's brotherin-law by slitting his throat after hatching conspiracy. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-08-2024. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.74405 of 2024(2) dt.30-10-2024 2/3 case. There is no specific allegation attributed to the petitioner and petitioner's name features in the later part of the FIR. Learned counsel submits that there is no specific allegation levelled against the petitioner, rather allegation is general and omnibus in naute. It is submitted that specific allegation of assault is against co-accused, namely, Ravi Kumar. Police after investigation has submitted the charge sheet. It is submitted that from perusal of the FIR itself, it would reveal that there is land dispute between the parties. Other co-accused have been granted regular bail vide orders dated 11-03-2024, 03-04-2024, 03-042024, 28-06-2024, 09-08-2024 & 30-08-2024, passed in Cr. Misc. No. 14674 of 2024, Cr. Misc. No. 24404 of 2024, Cr. Misc. No. 26520 of 2024, Cr. Misc. No. 40447 of 2024, Cr. Misc. No. 49643 of 2024 & Cr. Misc. No. 63271 of 2024, respectively.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner, claim based on parity and no direct allegation against the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.74405 of 2024(2) dt.30-10-2024 3/3 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. Case No. 1260 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T