Jogi Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11900 of 2016 Arising Out of PS.Case No. -277 Year- 2015 Thana -PUPRI District- SITAMARHI ====================================================== Jogi Sahni son of late Firangi Sahni, resident of Village- Barari Behta (laxmipur Tola) ward no. 4, Police Station Pupri, District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr.Amrendra Kumar, Advocate For the Opposite Party/s : Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-03-2016 Heard the parties.

The petitioner apprehends his arrest in a criminal prosecution registered under Section 307/34 and some other allied offences under the Indian Penal Code.

Though, the petitioner, besides others, is named in the first information report vide Annexure-1 as an accused, but taking into consideration the fact that there is case and counter case from both sides vide Annexures 1 and 2 respectively and the persons from both sides appear to have sustained injuries on their persons and further taking into consideration the fact that the injury report of injured Shobhit Sahni does not appear to be fully corroborative to the prosecution version and also taking into consideration the fact that the petitioner is said to be the first offender, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail.

In the event of arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the

Patna High Court Cr.Misc. No.11900 of 2016 (2) dt.18-03-2016 2/2 like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Pupri P.S.Case No. 277 of 2015. subject to conditions laid down under Section 438 (2) of the Cr.P.C. and subject to the further conditions that :

(A) one of the bailors must be government servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Prasad Verma, J) Tahir/- U T