Anil Sahani @ Anil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25923 of 2020 Arising Out of PS. Case No.-165 Year-2014 Thana- AMNAUR District- Saran ============================================== ANIL SAHANI @ ANIL SAHNI Son of Baijnath Sahani @ Sukul Sahani Resident of Village- Badhichak Dihi, P.S.- Maner, District- Saran. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

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

Mr. Matloob Rab ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2021 Heard Mr. Rajendra Prasad Sah, learned counsel for the petitioner and Mr. Matloob Rab, learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No. 153 of 2017 arising out of Amnour P.S. Case No. 165 of 2014 instituted for the offences under Sections 447, 427, 34 and 120(B) of the Indian Penal Code and Section 3/4 of the Explosive Substance At and Sections 16(i)(b), 16(a), 18, 19 and 20 of the Unlawful Activities Act, 1967.

The prayer for bail of the petitioner was earlier

Patna High Court CR. MISC. No.25923 of 2020(4) dt.05-01-2021 2/3 twice rejected vide orders dated 08.02.2018 and 11.09.2019 passed in Criminal Miscellaneous Nos. 20159/2017 and 32514/19 respectively.

It has been submitted on behalf of the petitioner that he is in custody since 11.03.2016. His implication in the present is only on the basis of suspicion and he has been remanded in this case from another case. It has further been submitted by learned counsel for the petitioner that in four other cases, in which he was made accused in the past, he has been granted bail. Some of the other accused persons of this case have also been granted bail by different Benches of this Court.

This Court had asked for a report about the stage of this case from the Court below vide order dated 23.11.2020. The report has since been received which indicates that the case is at the stage of prosecution evidence and the witnesses are yet to be examined. There does not appear to be any possibility of conclusion of trial in near future.

Regard being had to the fact that the petitioner is

Patna High Court CR. MISC. No.25923 of 2020(4) dt.05-01-2021 3/3 in custody for last four years and there is no likelihood of the trial being concluded in near future, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -XII, Saran, in connection with Amnour P.S. Case No. 165 of 2014.

However, it is made clear that the petitioner shall not jump the bail bonds and shall participate in the trial in right earnest. If he absents himself from the trial proceedings on two consecutive occasions without obtaining prior leave of the Trial Court, it would be open for the Trial Court to proceed against the petitioner for cancellation of his bail.

(Ashutosh Kumar, J) sunilkumar/- U T