Chhote Lal Sahani @ Chhote Sahani @ Chhotelal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83874 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- SIMRA District- West Champaran ====================================================== Chhote Lal Sahani @ Chhote Sahani @ Chhotelal Sahani, S/o. Late Mallu Sahani, R/o. Semra Medraul, P.S. Semra, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate Ms. Nikita Mittal, Advocate Mr. Vipin Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-05-2025 Heard Learned Senior Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Semra P.S. Case No.42 of 2024, lodged on 05.06.2024, under Section 302/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner against whom allegation is that they came to the house of the informant and started abusing and threatened to kill the wife of the informant and on the very next day the dead body of the

Patna High Court CR. MISC. No.83874 of 2024(3) dt.12-05-2025 2/2 wife of the informant was found.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that genesis of the alleged occurrence is totally wrong, false and fabricated. Counsel submits that there is no eyewitness to the occurrence. Counsel submits that antecedent of the petitioner is clean and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is direct allegation of murder of the wife of the informant is against the petitioner.

6. Considering the nature of allegation against the petitioner, this Court is no inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of petitioner is hereby rejected. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered on its own merit on the same day without being prejudiced by the order of this Court considering the fact that other co-accused persons have been granted regular bail.

(Dr. Anshuman, J) Mkr./- U T