Ghanshyam Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4589 of 2019 Arising Out of PS. Case No.-711 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== GHANSHYAM SAHANI Son of Sivbaran Sahani @ Jangbahadur Sahani Resident of Village - Madhumalti, P.S.- Sugauli, District- East Champaran ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Rakesh Kumar No.1 For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-11-2019 Appellant seeks bail in connection with Turkauliya (Banjariya) P.S. Case No. 711 of 2018, registered for the offences punishable under Sections 302, 201, 34 of the Indian Penal Code and 3(2)(V) SC/ST Act.

The appellant is not named in the F.IR. and F.I.R. discloses that husband of the informant was called by one Dhananjay Yadav and Ravi Ranjan @ Ravindra by phone and thereafter he has gone, and he was found traceless, on search it was found that he was seeing going with Dhananjay Yadav and Ravi Ranjan @ Ravindra towards middle school. Later on, the dead body of the husband was found near Sikarhana river. It is also alleged that there was some dispute between Dhananjay Yadav and Ravi Ranjan @ Ravindra with the deceased with respect to transaction of money, later on name of the appellant

Patna High Court CR. APP (SJ) No.4589 of 2019(3) dt.26-11-2019 2/2 transpires that as the mobile of the appellant was used for calling the deceased.

Submission of learned counsel for the appellant is that except the above, there is nothing against the appellant, he has falsely been implicated in this case.

Learned APP for the State who has opposed the prayer of bail on the ground that there are some materials against the appellant that his involvement is found in murder of deceased. Having heard both sides, considering the submissions, made above, this application is allowed. Let the appellant, above named, be enlarged on bail on furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge, 1st-cum-Special Judge, SC/ST Act, East Champaran, Motihari, in connection with Turkauliya (Banjariya) P.S. Case No. 711 of 2018, with condition that he has to co-operate in disposal of the trial.

The appeal is allowed and impugned order dated 16.09.2019 is set aside.

(Vinod Kumar Sinha, J) Ranjeet/- U T