Sharvan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.222 of 2025 Arising Out of PS. Case No.-489 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== Sharvan Sahni S/O Ram Ishwar Sahni R/O Village- Kudhni, P.S. - Kudhni, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-02-2025 Heard Mr. Virendra Kumar, learned counsel for the petitioner and Mr. Mithlesh Kumar Khare, learned Additional Public Prosecutor for the State.
2. Petitioner seeks regular bail who is in custody since 05.07.2024, in connection with Kurhni P.S. Case No. 489 of 2022, FIR dated 08.10.2022, registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.
3. According to the prosecution case, petitioner has taken loan of Rs. 1,50,000/- (One lakh and Fifty Thousand) from the family members of the deceased and when the family members of the deceased had demanded the same, the petitioner and other accused persons are said have killed the niece of the informant.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.222 of 2025(2) dt.05-02-2025 2/3 petitioner has falsely been implicated in the present case on the ground that the petitioner is father-in-law of the deceased. There is no specific allegation of assault or overt act against this petitioner rather the allegation is general and omnibus in nature. Petitioner bears clean antecedent and he is in custody since 05.07.2024.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that there is no specific allegation of assault or overt act against this petitioner, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the A.C.J.M 1st (West), Muzaffarpur in connection with Kurhni P.S. Case No. 489 of 2022, subject to the following conditions:
(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the
Patna High Court CR. MISC. No.222 of 2025(2) dt.05-02-2025 3/3 learned trial Court.
(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T