Yogendra Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.5668 of 2016 (3) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5668 of 2016 Arising Out of PS.Case No. -63 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Yogendra Sahni Son of Hiraman Sahni Resident of Village- Tikuliya, P.s Pipra, District East Champaran..... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ansul For the Opposite Party/s : Mr. Abhay Kumar No. 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Patahi P.S. Case No. 63 of 2015 registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.

Allegedly, Rinku Devi the daughter of the informant was married to Raj Kumar Sahani and she was killed by Raj Kumar Sahani. During investigation it transpires that Raj Kumar Sahani, the petitioner and others took meal and drink together and made plan to kill Rinku Devi.

Submission is of false implication and that besides suspicion there is nothing against the petitioner, he has got no concern with Raj Kumar Sahani, there is no eye witness of the occurrence and without any legal and tangible material the

Patna High Court Cr.Misc. No.5668 of 2016 (3) dt.31-03-2016 petitioner is suffering in custody since 21.09.2015 having no criminal antecedent.

Learned APP fairly submits that the name of the petitioner has come as associate of Raj Kumar Sahani. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Motihari in connection with Patahi P.S. Case No. 63 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T