Uma Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26049 of 2020 Arising Out of PS. Case No.-172 Year-2019 Thana- HATHAURI District- Muzaffarpur ====================================================== UMA SHANKAR SAHNI S/o Sri Jannu Lal Sahni Resident of VillagePaharpur, Police Station-Tariyani, District-Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 384 and 386 of the Indian Penal Code and 17, 18, 19 & 20 of the U.A.P. Act.

Prosecution case in short is that the informant uses to run a brick kiln situated at Narma Madhopur. On 11-09-2019, his Munshi got an envelop kept on a table in which Maoists organization demanded levy of Rs. 2,00,000/- Earlier also a naxal attack took

Patna High Court CR. MISC. No.26049 of 2020(2) dt.12-10-2020 2/2 place in his brick kiln and a tractor was burnt to ashes by naxals. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is in custody since 14-11-2019. The name of the petitioner transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid 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 the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Muzaffarpur in connection with Hathauri P.S. Case No. 172 of 2019.

(Sudhir Singh, J) A.K.V.//- U T