The Patna High Court granted bail to the petitioner, Mahendra Sahni, who was charged with offences under Sections 328, 302, and 34 of the Indian Penal Code. The petition was based on innocence, lack of antecedents, and prior bail granted to a co-accused.
Released on bail of Rs. 10,000/- with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65731 of 2019
Arising Out of PS. Case No.-37 Year-2018 Thana- HAYAGHAT District- Darbhanga
======================================================
Mahendra Sahni @ Mahinder Sahni Son of Late Bhado Sahni Resident of Village-Bahpatti, P.S-Hayaghat, District-Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Ms. Aprajita, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 13-11-2019 Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner seeks bail in connection with Hayaghat (Sadar) P.S. Case No. 37 of 2018, registered for the offence punishable under Sections 328, 302 and 34 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Further submission is that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 78552 of 2018 vide order dated 15.04.2019. The petitioner has no criminal antecedent and he is in custody since 06.05.2019.
Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.65731 of 2019(2) dt.13-11-2019 2/2
and the submissions advanced on behalf of the parties, let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Darbhanga in connection with Hayaghat (Sadar) P.S. Case No. 37 of 2018.
(Arvind Srivastava, J)
S.Katyayan/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving murder and culpable homicide.
Whether similar treatment received by a co-accused justifies bail in the present case.
1 provisions across 1 enactments
Mahendra Sahni
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
