Laloo Sahni @ Laleshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18512 of 2022 Arising Out of PS. Case No.-647 Year-2021 Thana- KATIHAR NAGAR District- Katihar ====================================================== Laloo Sahni @ Laleshwar Sahni S/o Yogi Sahni R/o Mohalla- Hawai Adda, P.S.- Sahayak, District- Katihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Katihar (Sahayak) P.S. Case No. 647 of 2021 lodged under Sections 307, 302, 120(B)/34 of the Indian Penal Code read with Section 27 of the Arms Act.

The case of prosecution in brief is that at about 7 A.M. on 17.11.2021 the husband of the informant alongwith his co-villager Surendra Sahni was going to local petrol pump and 3 named persons, other than the petitioner reached there by motorcycle and shot fired upon the husband of informant due to which he was injured and died on spot.

Learned counsel for the petitioner submits that the F.I.R. itself indicates that there is no specific allegation against

Patna High Court CR. MISC. No.18512 of 2022(2) dt.14-07-2022 2/3 the present petitioner about act or overt act. He submits that his name has been disclosed by the informant on the basis of suspicion that petitioner may create conspiracy. Learned counsel for the petitioner has attached the copy of F.I.R. namely Katihar, Town (Sahayak) P.S. Case No. 612 of 2021 lodged under Arms Act on 28.10.2021 in which he was in custody since 28.10.2021 and was granted bail on 06.07.2022 in Cr. Misc. No.14579 of 2022. Learned counsel for the petitioner submits that the petitioner was remanded in the present case on 25.11.2021, when he was already in the custody since 28.10.2021, whereas date of occurrence of present case is 17.11.2021. On the point of criminal antecedent he submits that it is true that petitioner is named in 5 other criminal cases and in all those cases he is on bail. Learned counsel for the petitioner submits that he is ready to appear before the trial court as and when required.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and submissions made herein-above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.18512 of 2022(2) dt.14-07-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar (Sahayak) P.S. Case No. 647 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

The petitioner is directed to appear on each and every date before the Trial Court, in case of non-appearance for two consecutive dates, shall resulted into cancellation of his bail bond. If he shall involve in such type of activities again, the prosecution shall be at liberty to move for cancellation of his bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T