Puran Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4846 of 2023 Arising Out of PS. Case No.-4 Year-2022 Thana- BIRUPUR District- Lakhisarai ====================================================== Puran Sahni Son Of Late Subelal Sahni R/O Village- Trimuhani, P.S.- Ghoshwari, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Ritwik Thakur, Advocate Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2023 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 Birupur P.S. Case No. 04 of 2022 dated 01.02.2022 registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the co-accused Kamo Sahni is alleged to have shot the son of the informant dead while he was fishing in the river and the co-accused persons including the petitioner were firing indiscriminately.

Patna High Court CR. MISC. No.4846 of 2023(2) dt.05-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of firing against the petitioner. The specific allegation of firing is against the coaccused Kamo Sahni who shot the informant's son dead. There was dispute of fishing between both the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.08.2022.

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 abovenamed, 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, Lakhisarai in connection with Birupur P.S. Case No. 04 of 2022.

The application stands allowed.

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