Vikrama Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14738 of 2022 Arising Out of PS. Case No.-174 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== VIKRAMA SAHANI Son of Late Baban Sahani Resident of VillageDamobriti, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 302/34 of the Indian Penal Code. The father of the informant is said to have been killed by the F.I.R. named accused persons.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. In fact, the alleged occurrence took place on 06.08.2021 whereas the F.I.R. has been instituted on 10.08.2021 after lapse of almost four days without explaining the plausible delay causing suspicion over the prosecution case. He

Patna High Court CR. MISC. No.14738 of 2022(3) dt.22-08-2022 2/3 further submits that there is no eye witness to the alleged occurrence nor the informant himself has claimed to be the eye witness of the alleged occurrence. He further submits that the postmortem report does not corroborate with the allegation levelled against the petitioner. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 04.10.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Sangrampur P.S. Case No. 174 of 2021 with the following conditions:-

(1) Petitioner 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 on his/her absence on two consecutive dates

Patna High Court CR. MISC. No.14738 of 2022(3) dt.22-08-2022 3/3 without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

And, further condition that the court below 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 court below 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) brajesh/- U T