Prem Sahni @ Prem Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58781 of 2017 ======================================================

1. Prem Sahni @ Prem Shankar Sahni S/o Vishwanth Sahni, R/o VillageBelahiya, P.S.- Tariyani, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 23.08.2017 in connection with Tariyani Chapra P.S. Case No. 01 of 2017 for the offence registered under Sections 147, 148, 149, 323, 324, 307, 354, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that for the same occurrence, the sister-in-law of the present informant has lodged a case bearing Mahila (Sheohar) P.S. Case No. 22 of 2017 in which the petitioner has not been named. However, thereafter, the present informant has named the petitioner and several other family members making false and frivolous allegation. It is further submitted that similarly situated co-accused person, namely,

Patna High Court Cr.Misc. No.58781 of 2017 (2) dt.13-12-2017 2/3 Saheb Sahni has been extended the privilege of bail in Cr. Misc. No. 52050 of 2017 vide order dated 10.11.2017. Considering the aforesaid 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 A.C.J.M., Sheohar in connection with Tariyani Chhapra P.S. Case No. 01 of 2017 corresponding to G.R. No. 559 of 2017, Subject to the following conditions :-

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with

Patna High Court Cr.Misc. No.58781 of 2017 (2) dt.13-12-2017 3/3 the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T