Shiv Shankar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14959 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- KEWATI District- Darbhanga ====================================================== SHIV SHANKAR SAHANI Son of Laxami Sahani Resident of village - Kewati P.S.- Kewati, Dist.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Kewati P.S. Case No. 85 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Petitioner is alleged to have given Khanti blow on the head of informant, as a result of which he sustained head injury. It is submitted on behalf of the petitioner that he has falsely been implicated in this case. There is case and counter case. Admittedly there is land dispute between the parties. From

Patna High Court CR. MISC. No.14959 of 2020(3) dt.03-06-2020 2/2 the injury report (Annexure-2), it appears that out of three injuries injury nos. 2 and 3 are simple and regarding injury no. 1 opinion has been kept reserve. Petitioner is in custody since 04.01.2020 having clean antecedent.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Chief Judicial Magistrate VII, Darbhanga in connection with Kewati P.S. Case No. 85 of 2019 subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T