Shankar Sahni And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77194 of 2018 Arising Out of PS. Case No.-59 Year-2018 Thana- HATHAURI District- Muzaffarpur ======================================================

1. Shankar Sahni S/o Late Chhotan Sahni,

2. Lalita Devi, W/o Shankar Sahni, Both R/o Village- Sahila Rampur Tole- Baluahan, P.S.- Hathauri, DistrictMuzaffarpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Alok Kumar Alok, Advocate For the Opposite Party :

Mr. Jitendra Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 420, 406, 311, 467, 468, 469/120B and 307 of the Indian Penal Code registered in connection with Hathauri P.S. Case No. 59 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the allegation in the FIR constitutes no more than a dispute of civil nature relating to purchase of property. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Judge 10th -cum-ACJM, Muzaffarpur in connection with Hathauri P.S. Case No. 59 of 2018., subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with

Patna High Court Cr.Misc. No.77194 of 2018(2) dt.22-01-2019 2/2 further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.

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

(iii) That petitioner no. 2 will be well represented and petitioner no. 1 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, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/Chandran U