Priyesh Sahani @ Prinsh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79555 of 2018 Arising Out of PS. Case No.-104 Year-2018 Thana- KHANPURA District- Samastipur ====================================================== Priyesh Sahani @ Prinsh Sahani S/o - Ashok Sahani R/v - Gotiyahi, P.S. - Khanpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Adv.

For the Opposite Party/s :

Mr.Sri Panchanand Pandit (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Sections 27 of the Arms Act. Informant has suspected that petitioner and coaccused Mukesh Kumar have killed the husband of the informant.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case on suspicion only. There is no eye-witness of the occurrence. It is case of last seen.

Patna High Court CR. MISC. No.79555 of 2018(3) dt.11-03-2019 2/3 Petitioner has no criminal antecedent and is in custody since 20.07.20-18.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Khanpur P.S. Case No. 104 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for

Patna High Court CR. MISC. No.79555 of 2018(3) dt.11-03-2019 3/3 cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T