Parmanand Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7832 of 2023 Arising Out of PS. Case No.-48 Year-2013 Thana- MANIYARI District- Muzaffarpur ====================================================== Parmanand Sahani S/O Raj Kumar Sahani R/O Village- Ratnauli, P.SManiyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Mr.Ashok Kumar Singh For the Informant :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the allegation against the accused persons including the petitioner is of killing the uncle of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to dirty village politics. Specific allegation against the petitioner is of order giving, upon which co-accused Brahmanand Sahni, opened fire which hit to none.

Patna High Court CR. MISC. No.7832 of 2023(3) dt.19-07-2023 2/2 Co-accused Raj Kumar opened fire, which hit to Ram Kumar Thakur (deceased) uncle of the informant as a result of which he died. After investigation, Final Form has been submitted against the petitioner and he has not been sent up for trial by the trial court. The petitioner is languishing in judicial custody since 08.02.2022.

Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Maniyari P.S. Case No.48 of 2013 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-15, Muzaffarpur.

(Sunil Kumar Panwar, J) lata/- U T