Shreekant Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17862 of 2023 Arising Out of PS. Case No.-137 Year-2022 Thana- PIPRAKOTHI District- East Champaran ====================================================== Shreekant Sahani Son Of Late Ramchandra Sahani R/O Village- Panditpur Malahi Tola, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is in judicial custody in connection with Piprakothi P.S. Case No. 137 of 2022 for the offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution story, when the informant was taking lunch, the named accused persons came there and started assaulting him. The allegation against Ranjan and Sanju is of assaulting him with 'lathi'. So far as this petitioner is concerned, it is alleged that he gave 'farsa' blow on his head causing serious injury.

Earlier the petitioner had moved before this Court vide Cr. Misc. No.40025 of 2022 which was rejected on 10.10.2022.

Patna High Court CR. MISC. No.17862 of 2023(2) dt.22-03-2023 2/3 Taking into account the period of custody (08-052022), as stated in para-12 as also the fact that ultimately he has to face the Trial, this Court is inclined to grant him privilege of bail with conditions.

Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Piprakothi P.S. Case No. 137 of 2022 to the satisfaction of learned 12th Additional Sessions Judge, Motihari, East Champaran, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,

Patna High Court CR. MISC. No.17862 of 2023(2) dt.22-03-2023 3/3 failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan /- U T