Mani Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21554 of 2022 Arising Out of PS. Case No.-412 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== MANI SAHNI Son of Lalbabu Sahni @ Lal Babu R/o- Gay Ghat, South Lane, P.S.- Alamganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 26-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with S. Tr. No. 280 of 2021 arising out of Alamganj P.S. Case No. 412 of 2020 registered for the offences punishable under Sections 302, 504, 506, 34 of the Indian Penal Code read with Section 27 of the Arms Act.

As per prosecution case, there is accusation against the petitioner to catch hold the deceased and co-accused Md. Arshad and Md. Badshah fired upon the informant's husband. Learned counsel for the petitioner submits that petitioner is in custody since 15.06.2021. Petitioner bears two

Patna High Court CR. MISC. No.21554 of 2022(4) dt.26-09-2022 2/3 criminal antecedents. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that there is only accusation against the petitioner is that he holds the husband of informant and there is no any allegation of firing or any assault against the petitioner.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. - 1st Patna City in connection with S.Tr. No. 280 of 2021 arising out of Alamganj P.S. Case No. 412 of 2020, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

Patna High Court CR. MISC. No.21554 of 2022(4) dt.26-09-2022 3/3 (ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T