Nitesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2597 of 2024 Arising Out of PS. Case No.-435 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Nitesh Sahni S/O Prabhu Sahni Village- Bhagwatiya Siwan, Ps. Kesariya, Dist. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. As per the F.I.R., son of the informant was stabbed to death by unknown persons.

4. Learned counsel for the petitioner submits that from bare perusal of the F.I.R. it is apparent that petitioner is not an eye witness of the occurrence and in fact, there is no eye witness of the alleged occurrence. He further submits that petitioner has been made accused on the confessional statement of co-accused Rajan Sharma and except the confessional

Patna High Court CR. MISC. No.2597 of 2024(2) dt.31-01-2024 2/2 statement there is no other material available on record to suggest his complicity in the aforesaid crime. Petitioner claims clean antecedent.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Kesaria P. S. Case No. 435 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T