Mahavir Saklani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27972 of 2017 Arising Out of PS.Case No. -77 Year- 2007 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mahavir Saklani, son of Late Ramchalitar Ram, resident of VillageChampapur P.S. Patahi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 The petitioner seeks regular bail in connection with Rajepur P.S. Case No. 77 of 2007, registered for offences punishable under Sections 147, 148, 149, 341, 342, 353, 324, 326, 307 and 302of the Indian Penal Code and Section 27 of the Arms Act and Section 7 of C.L.A Act.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name transpired during the course of investigation and that too on the basis of suspicion as no specific allegation has been levelled against the petitioner and he has been named in this case by a co-accused. Further other coaccused having similar allegation has already been granted bail by a coordinate Bench of this Court vide order dated 16.07.2014 passed in Criminal Misc. No. 18647 of 2014 and name of

petitioner surfaced in this case on 2014 and thereafter he has been remanded on 29.08.2014.

Heard learned A.P.P. also, who has opposed the prayer for bail and submitted that name of the petitioner has surfaced in this case on the supervision note of SDPO as the person, who was found seen at the time of occurrence and one witness has also stated about petitioner in one of the paragraph of case diary. Having heard both sides, in view of the above facts as well as the fact that other co-accused has already been granted the privilege of bail by a coordinate Bench of this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, East Champaran, Motihari, in connection with Rajepur P.S. Case No. 77 of 2007, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) Petitioner has to mark his attendance in concerned police station in first week of each month till conclusion of trial.

(iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T