Siya Lal Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.29818 of 2017 (2) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29818 of 2017 Arising Out of PS.Case No. -181 Year- 2016 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Siya Lal Sahni, son of Lalu Sahni, resident of Village Bathani, P.S. Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner apprehends his arrest in Jandaha P.S. Case No. 181 of 2016 instituted for the offence under Section-307 & other minor sections of the Indian Penal Code. It has been submitted on behalf of the petitioner that coaccused have already been granted anticipatory bail by learned Sessions Judge, Hajipur itself in ABP No. 783 of 2017 vide order dated 20-05-2017.

Allegation against the petitioner is that he along with other accused persons being armed with gun, entered in the house and misbehaved with the informant. The petitioner touched gun on the head of the informant and snatched golden chain. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.29818 of 2017 (2) dt.07-07-2017 allowed and it is ordered that the petitioner, named above in the event of their arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Jandaha P.S. Case No. 181 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Vaishali at Hajipur subject to conditions as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T