Vijay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25851 of 2024 Arising Out of PS. Case No.-175 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Vijay Sahani S/o Ram Jinish Sahani, R/o village - Gurmia, P.S. - Lalganj, (Kartaha O.P.), Distt. - Vaishali.

... ... Petitioner

Versus

1.

The State of Bihar.

2.

Rameshwar Singh S/o Late Ram Jiwan Singh, R/o village - Bafapur Banthu, P.S. - Bhagwanpur, Distt. - Vaishali.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-01-2025 Heard Mr. Satya Prakash Sinha, the learned counsel for the petitioner, the learned counsel for the informant and Mr. Ashok Kumar Singh, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 23.12.2022, in connection with G.R. No. 75 of 2019, arising out of Bhagwanpur P.S. Case No. 175A of 2019, FIR dated 18.07.2019, registered for the offences punishable under Sections 341, 323, 376, 379 and 34 of the Indian Penal Code and under Sections 4, 8 and 12 of POCSO Act.

3.

Earlier the petitioner has moved before this Hon'ble Court in Cr. Misc. No. 14711 of 2023, which was rejected vide order dated 03.07.2023.

2/4 4.

According to the prosecution case, the petitioner along with co-accused person committed rape upon the grand daughter of the informant. It is further alleged that the coaccused persons also looted various articles worth Rs. 1,00,000/- (Rupees one lakh only) from the informant and his family members and they also snatched golden chain and earring of his daughter and wife.

5.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that from perusal of the FIR, it appears that the allegation is levelled against the petitioner as well as the co-accused namely, Bihari Sahani and on the same set of allegation the co-accused Bihari Sahani has been granted bail by a co-ordinate Bench of this Court vide order dated 05.06.2020 passed in Cr. Misc. No. 7100 of 2020.

6.

Vide order dated 26.11.2024, a report was called for with regard to the stage of the trial and report dated 23.12.2024 of the learned trial Court reveals that only two witnesses have been examined as yet.

7.

Learned counsel for the petitioner submits that in view of the report of the learned trial Court, there is no chance

3/4 of early conclusion of the trial in near future and the petitioner is in custody since 23.12.2022 and the co-accused person against whom there is similar nature of allegation has been granted bail by a co-ordinate Bench of this Court.

8.

The learned counsel for the informant as well as the learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

9.

Considering the aforesaid facts and circumstances as well as the report of the learned trial Court and also the facts that petitioner has clean antecedent and similarly situated coaccused person has been granted regular bail by a co-ordinate Bench of this Court, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Court of Additional Sessions JudgeVI-cum-Special Judge-POCSO, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 175A of 2019, subject to the following conditions:

(i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as

4/4 directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(iii). And further condition that the learned trial Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the learned trial Court shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Shahnawaz/- U T