Patna High CourtCR. MISC./19627/2020allowed

Shekhar Sahni v. The State Of Bihar

2020-10-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19627 of 2020 Arising Out of PS. Case No.-328 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SHEKHAR SAHNI Son of Pragash Sahni Resident of Village - Dakrama, P.S.- Hathauri, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar For the Opposite Party/s :

Mr. Mr. Jharkandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-10-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 328 of 2019 for the offence under Sections 392 of the Indian Penal Code and Section25(1-B)a, 26, 35 Arms Act.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has not committed any offence. In fact, the co-accused having more or less similar allegation has already been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 27591 of 2020 and the case of this petitioner stands on similar footing. The petitioner is rotting in judicial custody

Patna High Court CR. MISC. No.19627 of 2020(5) dt.20-10-2020 2/2 since 27.11.2019. Hence, the petitioner may be enlarged on regular bail.

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned 1st Additional District Judge, Sitamarhi in connection with Runnisaidpur P.S. Case No. 328 of 2019 subject to the conditions that (1) the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (2) If the petitioner tamper with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Arvind Srivastava, J) brajesh/- U T