Patna High CourtCR. MISC./48057/2016bail granted

Umesh Sahni v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48057 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -KHAGARIA District- KHAGARIA ====================================================== Umesh Sahni Son of Late Hari Lal Sahni, Resident of Village - Uttari Bhadash, Police Station Khagaria (Muffasil), District - Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Viveka Nand Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 09.09.2016 in connection with Khagaria (Muffasil) P.S. Case No. 111 of 2015 for the alleged offences under Sections 302 and 201 read with Section 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be a co-villager of the family members of the deceased. The petitioner is not named in the first information report and his case stands on a better footing than the FIR named accused being various in-laws of the deceased, all of whom, except Deepak Sahni being the husband of the deceased, have been granted bail by this Court.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 111 of 2015 on the following conditions -

Patna High Court Cr.Misc. No.48057 of 2016 (3) dt.13-12-2016 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. B.T/Chandran (Vikash Jain, J) U T