Omprakash Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32900 of 2021 Arising Out of PS. Case No.-425 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== OMPRAKASH SAHANI S/o Ashok Sahani R/o village- Chilwania, P.S.- Banjariya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 324, 326 & 307/34 of the Indian Penal Code but later on Section 302 IPC was added. Earlier the prayer for bail of the petitioner was allowed vide order dated 09.02.2021 with a direction to the learned Court below to release the petitioner after verification of his criminal antecedents. As the petitioner had three criminal antecedents, he was not released on bail. Thereafter, a

Patna High Court CR. MISC. No.32900 of 2021(2) dt.14-07-2021 2/2 modification application was filed to modify the order dated 09.02.2021, which was dismissed with a direction to file fresh bail application.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Though the petitioner has three criminal antecedents but he is on bail in all cases. The petitioner has been languishing in custody since 05.07.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Turkauliya (Banjariya) P.S. Case No.425 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T