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Patna High CourtCR. MISC./8588/2025bail granted

Ramesh Sahni @ Ramesh Sahani v. The State Of Bihar

2025-08-29Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8588 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Ramesh Sahni @ Ramesh Sahani S/o- Late Laxmeshwar Sahni R/o VillageNima Baliya P.S.-Sakri District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar Jha, Advocate :

Mr. Sanjay Kumar, Advocate For the State :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2025 Heard Mr. Bimal Kumar Jha, learned counsel for the petitioner and learned APP representing the State.

2. The petitioner is in custody in connection with Sakri P.S. Case No. 67 of 2024 for the offence punishable under sections 323, 324, 307, 341, 504 and 34 of the Indian Penal Code, lodged on 05.04.2024 by the informant, Sushil Sahni.

3. As per the prosecution story, the informant alleged that on 25.03.2024, while he was sitting in his room having tea, the petitioner alongwith his son-in-law came and started abusing him. Further, repeated knife blow was given by the petitioner in his abdomen while the co-accused Jay Veer Sahni caught hold on his hands. This led to the intestine having been damaged, he was taken to CRIBS Hospital for treatment whereafter he was

2/4 saved, the reason has also been assigned that informant had given him loan which was being demanded. Accordingly, the F.I.R.

4. In this case, earlier the report was called for from the Trial Court which has now been received and according to which, charges have been framed under section 341, 323, 307 and 34 of the Indian Penal Code and it is at prosecution evidence stage.

5. Learned counsel for the petitioner submits that he has already suffered by being in custody since 06.06.2024, suffered injuries at the hands of the informant side also, if granted relief, shall be diligently appearing in trial and the last submission is that without accepting the allegation or outcome of the petition the petitioner intends to pay Rs.10,000/- to the injured namely Sushil Sahni by Demand Draft issued by the local branch of State Bank of India.

6. Learned APP opposes the prayer for bail submitting that allegation of assault is there against him though he concede that trial is not likely to be taken up/concluded in near future.

7. Considering the submissions of the parties as also the fact that the petitioner is in custody since 06.06.2024 an undertaking has been given and as per the Trial Court report

3/4 there will be some delay in completion of the trial, in that background, this Court is inclined to extend him the privilege of bail subject to payment of Rs.10,000/- to the injured namely Sushil Sahni by Demand Draft issued by the local branch of State Bank of India and the receipt has to be submitted before the Trial Court and after checking credentials to be handed over to the injured Sushil Sahni.

8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani, in connection with Sakri P.S. Case No. 67 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and at the end of the period a certificate be submitted

4/4 before the Trial Court;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T