Raj Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 61483 of 2017 Arising Out of PS.Case No. -63 Year- 2015 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raj Kumar Sahani S/o Late Baidhnath Sahani, R/o Village- Bhaluaa, P.S.- Turkaulia, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Javed Aslam, Advocate For the S t a t e : Mr Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 302, 201 of Indian Penal Code.

It is submitted on behalf of the petitioner that no occurrence, as alleged in the first information report, has taken place. He is a labourer and there is no eye witness to the occurrence. The first information report has been lodged only on the basis of suspicion. Prior to the instant case, there is no criminal antecedent against the petitioner and charge sheet has been submitted in this case. Petitioner is in custody since 08.08.2017.

Considering the submissions, prayer for bail is

Patna High Court Cr.Misc. No.61483 of 2017 (3) dt.17-02-2018 2/2 allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champara at Motihari in Patahi Police Station Case No 63 of 2015 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T