Munna Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3034 of 2017 Arising Out of PS.Case No. -261 Year- 2013 Thana -BAHERA District- DARBHANGA ======================================================
1. Munna Sahni son of Kusheshwar Sahni
2. Parmeshwar Sahni son of Kuseshwar Sahni
3. Kusheshwar Sahni @ Master Sahni son of Late Ram Sahni All are residents of Village - Antaur, P.S. - Bahera, District - Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Thakur Mr. Nilesh Kumar For the Opposite Party/s : Mr. Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 The petitioners are in custody since 01.11.2016 in connection with Bahera P.S. Case No. 261 of 2013, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that only general and omnibus allegation of assault on the deceased has been levelled against these petitioners and the specific allegation of assault has been levelled against other co-accused persons, namely, Ganesh Sahni and Dunilal Sahni and the said Ganesh Sahni has already been granted the privilege of regular bail by this Court vide order dated 12.01.2015 passed in Criminal Miscellaneous No. 26978 of 2014 and the petitioners are in custody for about four months.
Heard learned A.P.P. also.
Having heard both sides, considering the facts and
Patna High Court Cr.Misc. No.3034 of 2017 (3) dt.02-03-2017 2/2 circumstances of the case, nature of offence, period of custody and also other co-accused of this case has already been granted regular bail, as such, let petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Benipur, in connection with Bahera P.S. Case No. 261 of 2013, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution will be free to move for cancellation of their bail bonds (Vinod Kumar Sinha, J) sunil/- U