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Patna High CourtCR. MISC./23700/2019bail granted

Ram Prasad Sahni v. The State Of Bihar

2019-04-16Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23700 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- ASHOK PAPER MILL DistrictDarbhanga ====================================================== 1.

RAM PRASAD SAHNI Son of Suraj Sahni Resident of Village - Baluahi, P.S.- A.P.M. (Ashok Paper Mill), District - Darbhanga. 2.

Dukhi Sahni @ Dukhi Mukhiya Son of Late Lochan Sahni Resident of Village - Baluahi, P.S.- A.P.M. (Ashok Paper Mill), District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 341, 323, 315 and 504 IPC registered in connection with Ashok Paper Mill P.S. Case No. 26 of 2018.

3. It is submitted that the petitioners have been falsely implicated and the accusation of assault with dabiya on the neck of the informant is upon co-accused Rajesh Sahni while co-accused Udamal Sahni is alleged to have hit the informant's pregnant daughter-in-law with his heel leading to bleeding and abortion. The accusations against the petitioners are general and omnibus in nature. Similarly situated coaccused have been granted anticipatory bail by this Court in Cr. Misc. No. 20750 of 2019. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of

Patna High Court CR. MISC. No.23700 of 2019(2) dt.16-04-2019 2/2 learned ACJM IV, Darbhanga, in connection with Ashok Paper Mill P.S. Case No. 26 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T