Vinod Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7522 of 2019 Arising Out of PS. Case No.-127 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Vinod Sahni, aged about 28 years, Gender- Male, Son of Sri Chandra Kishore Sahni, Resident of - Tehvara, P.S.- Katra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Sweta Kumari, Adv.

Mr.Babita Kumari, Adv.

Mr. Aryan Anchit, Adv.

For the Opposite Party/s :

Mr. Sanjay Singh ( APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Katra P.S. Case No. 127 of 2018 registered for the offences punishable under Sections 147, 148, 149, 447, 323, 302 of the Indian Penal Code.

Informant has alleged that while she was talking with her husband in the night sitting at the doorstep then petitioner and other FIR named accused variously armed with Danda and iron rod came at her door and began to assault them and his husband tried to flee away to save himself and fell near the door of Raju Sahani and they chased and assaulted him by

Patna High Court CR. MISC. No.7522 of 2019(3) dt.28-02-2019 2/3 lathi, danda and iron rod and subsequently he was taken to hospital where he was referred to PMCH and he died during the treatment.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Similarly placed co-accused has been granted bail by co-ordinate bench of this court vide order dated 09.01.2019 passed in Cr. Misc. No. 78747 of 2018. petitioner is in custody since 18.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-cum-Sub Judge, 15th , Muzaffarpur, in connection with Katra P.S. Case No. 127 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the

Patna High Court CR. MISC. No.7522 of 2019(3) dt.28-02-2019 3/3 court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T