Gondoria Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5962 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- PAHARKATTA District- Kishanganj ======================================================
1. Gondoria Sahni, aged about 45 years (Male) son of Jhari Sahni
2. Ranjit Sahni @ Ranjeet Kr. Sahni, aged about 20 years (Male), son of Raghubir Sahni
3. Birmal Sahni, aged about 19 years (Male), Son of Lalo Sahni @ Laloo Sahni
4. Lalo Sahni @ Laloo Sahni, aged about 35 years (male), son of kapleshwar Sahni
5. Arun Sahni, aged about 40 years (Male) , son of Kapal Sahni
6. Sikander Sahni, aged about 45 years (Male) , Son of Anandi Sahni All residents of Damalbari Kachhari Basti P.S.- Paharkatta, District, Kishanganj ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Singh For the Opposite Party/s :
Mr. Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-02-2019 Heard learned counsel for the parties.
Petitioners seek bail in Paharkatta P.S. Case No.118 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Informant in her written complaint has stated that the legs and hands of her husband was cut by the petitioners along with FIR named accused when he had gone to purchase vegetables at Damalwadi Market and during course of
Patna High Court Cr.Misc. No.5962 of 2019(2) dt.01-02-2019 2/3 treatment, he died in the Hospital.
It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case on mere suspicion. Except suspicion there is no incriminating material against the petitioners to implicate them in this case. Petitioners are in custody since 11.12.2018. Similarly placed co-accused persons have already been granted bail by this Court as contained in Annexure 2 series.
Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Kishanganj in connection with Paharkatta P.S. Case No.118 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners 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 the Court and their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the court below.
Patna High Court Cr.Misc. No.5962 of 2019(2) dt.01-02-2019 3/3
(3) If the petitioners tamper 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 petitioners. (S. Kumar, J) Sanjay/- U T