Patna High CourtCR. MISC./23007/2024bail granted

Omprakash Sahani @ Omprakash Sahni v. The State Of Bihar

2024-03-20Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23007 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Omprakash Sahani @ Omprakash Sahni Son of Nathuni Sahni Resident of Village-Vijaypur, Police Station-Kuchaikote, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2024 Heard Mr.Umesh Kumar Singh,learned counsel for the petitioner and Mrs.Pushpa Sinha, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 09.02.2024 in connection with Kuchaikote P.S. Case No. 35 of 2023, PTN No.303 of 2023, S.Tr. No.718 of 2023, F.I.R. dated 25.01.2023 registered for the offence punishable under Sections 304B and 34 of IPC.

3. Learned counsel for the petitioner submits that the petitioner has earlier moved before this Court in Cr. Misc. No.38819 of 2023 and the petitioner has been granted regular bail vide order dated 28.08.2023 but the bail bond of the petitioner has been cancelled by the learned court below on the ground that the petitioner has concealed his criminal antecedent

Patna High Court CR. MISC. No.23007 of 2024(2) dt.20-03-2024 2/3 and after cancelling the bail bond, the petitioner has surrendered on 09.02.2024.

4. It appears that the petitioner has been granted bail vide order dated 28.08.2023 and his bail bond has been cancelled on the ground that the petitioner has concealed his criminal antecedent.

5. Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one.

6. Considering the facts and circumstances of the case, let the petitioner, above named, 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 Additional District and Sessions Judge-XII, Gopalganj in connection with Kuchaikote P.S. Case No. 35 of 2023, PTN No.303 of 2023, S.Tr. No.718 of 2023, with the following conditions:- (I) 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 without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.23007 of 2024(2) dt.20-03-2024 3/3 (II) 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.

(III) 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) Nitesh/- U T