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Patna High CourtCR. MISC./7701/2018bail granted

Anil Sahni v. The State Of Bihar

2018-02-27Justice Smt. Anjana Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7701 of 2018 Arising Out of PS.Case No. -10 Year- 2017 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Anil Sahni, S/o Paras Sahni, Resident of Village- Basanta Jehanabad, Police Station- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 12.07.2017 in connection with Kartahan P.S. Case No. 10/2017 for the offences registered under Sections 394, 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that prior to arrest of the petitioner in connection with Belsar, Vaishali (O.P.) Case No. 112/2017 registered under Section 411, 413, 412 of the Indian Penal Code and Section 25(1-b)a, 26 and 27 of the Arms Act, he was not made accused in any case. In the said case, the petitioner was arrested on the basis of the confessional statement made before the police by co-accused Bhim Sahni,

Patna High Court Cr.Misc. No.7701 of 2018 (3) dt.27-02-2018 2/3 which has no evidentiary value. Subsequently, the petitioner was remanded in the present case and a series of cases, i.e. in all those cases in which aforesaid co-accused Bhim Sahni had participated. Having considered the aforesaid facts and circumstances of the case and that nothing has been recovered from the possession of the petitioner and further the petitioner has not yet been put on T.I.P., let the petitioner, above named, 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 the learned Additional Sessions Judge I, Vaishali at Hajipur in connection with Kartaha P.S. Case No. 10/2017, corresponding to S.Tr. No. 548/2017, subject to the following conditions:-

(1) One of the bailors will be his own relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons

Patna High Court Cr.Misc. No.7701 of 2018 (3) dt.27-02-2018 3/3 his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J.) Rakhi U T