Harihar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73866 of 2022 Arising Out of PS. Case No.-6 Year-2014 Thana- PANAPUR District- Saran ====================================================== HARIHAR SAHANI, S/o Late Hawaldar Sahani, R/o village- Marwa Basahiya, P.S.- Panapur, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 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 connection with Session Trial No. 474 of 2022 arising out of Panapur P.S. Case No. of 06 of 2014 dated 02.02.2014 registered for the offences punishable u/ss 147, 148, 149, 302 and 201 of the Indian Penal Code and Section 27 of the Arms Act and Section 17 of the C.C.A. Act.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed murder of the informant's son.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.73866 of 2022(2) dt.06-04-2023 2/2 petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. No specific overt act has been attributed against the petitioner and some other co-accused persons faced trial and they were acquitted. The co-accused person has already been granted bail by the Coordinate Bench vide order dated 29.09.2016 passed in Cr. Misc. No. 40425 of 2016. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 22.09.2016.

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 period of custody, 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, Saran in connection with Session Trial No. 474 of 2022 arising out of Panapur P.S. Case No. 06 of 2014.

The application stands allowed.

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