Baleshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32189 of 2016 Arising Out of PS.Case No. -457 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Baleshwar Sahni, Son of Late Raja Sahni, Resident of Village- Akowna, P.S.- Chiraiya, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Chandra Verma, Advocate For the Opposite Party : Mr. Panchanand Pandit(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.

The petitioner seeks bail in connection with Turkauliya P.S. Case No. 457 of 2014 registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and 27 of the Arms Act.

The petitioner is not named in the First Information Report. During investigation, the name of the petitioner transpired in the confessional statement of the petitioner in Chiraiya P.S. Case No. 31 of 2014 and on that basis the petitioner is suffering in custody since 14.03.2016. Other co-accused who are named in the FIR, namely, Laloo Prasad Sah @ Lal Babu Sah and Abid Ali and however, one Kamal Singh who is not named, have already been allowed on bail vide order dated 12.03.2015 passed in Cr. Misc.

Patna High Court Cr.Misc. No.32189 of 2016 (3) dt.19-09-2016 2/2 No. 46504 of 2014, 46737 of 2014 and 45383 of 2014 respectively by another Co-ordinate Bench of this Court and, as such, the petitioner also deserves sympathetic consideration. The learned APP does not oppose the prayer for bail. In the facts and circumstances stated above, the petitioner shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No.457 of 2014, subject to the conditions that one of the bailors must be near relative of the petitioner and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) ravi/- U T