Sanjay Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1637 of 2023 Arising Out of PS. Case No.-319 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Sanjay Sahani S/O Late Raj Nan Sahani @ Raj Nandan Sahni R/O VillageTarbitya, Tola- Math, P.S- Pakridayal, District- East Champaran ... ... Petitioner/S
Versus
The State Of Bihar .. ... Opposite Party/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 302, and 34 of the I.P.C.
As per F.I.R, this petitioner came to the house of informant and took away the brother of the informant and at about 5.00 A.M, this petitioner along with 4 to 5 persons came on Ambulance, leaving the dead body of brother of informant and fled away. She suspects that in order to grab the money of his brother, this petitioner along with others killed the brother of informant by assaulting him.
Learned counsel for the petitioner submits that informant is not eye witness of the alleged occurrence. F.I.R. has been lodged after fourteen days of the occurrence. At best it is a
Patna High Court CR. MISC. No.1637 of 2023(2) dt.08-05-2023 2/2 case of last seen with the deceased.
Learned counsel for the State opposes the prayer for bail and submits that from F.I.R, it is manifest that it was this petitioner who took away brother of the informant and later on brought his dead body. Petitioner has got criminal antecedent. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T