Patna High CourtCR. MISC./15813/2016bail granted

Rajan Sahani v. The State Of Bihar

2016-08-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15813 of 2016 Arising Out of PS.Case No. -101 Year- 2010 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rajan Sahani Son of Ram Raj Sahani, Resident of Village- Raghunathpur, P.S. Turkaulia, Dist.-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Ranjan, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-08-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 387, 307/34 of the Indian Penal Code and 27 of the Arms Act and later on after the death of the informant Section 120B and 302 I.P.C. was added.

The prosecution case, in brief, is that on 5.4.2010 at 6.30 A.M. the informant along with his friend proceeded to Narsingh Baba Mandir on motorcycle and when they reached near Agarwa Masjid, suddenly four persons came on two motorcycles and started firing causing injury to both of them and they succeeded to flee away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.7.2010 and the charge sheet

Patna High Court Cr.Misc. No.15813 of 2016 (4) dt.18-08-2016 2/2 has been submitted in the present case. There is no allegation of tampering of witnesses against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come in the confessional statement of co-accused. The other accused persons have been granted bail vide Annexure-3 of the present application. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri M.K. Shahi, learned Judicial Magistrate, 1st class, Sadar, Motihari (East Champaran) in connection with Trial No.431 of 2015/ 1021 of 2015 arising out of Motihari Town P.S. case No.101 of 2010.

(Sudhir Singh, J) Narendra/- U T