Sipahi Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 26091 of 2023 Arising Out of PS. Case No.-480 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== SIPAHI SAHANI SON OF LATE SHANKAR SAHANI Resident of Village - Bairiya Dih, Malahi Tola, P.S. - Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Govindganj (Areraj) Police Station (for brevity, PS) Case No 480 of 2022 dated 22.09.2022 registered for the offence punishable under Sections 341, 323, 504, 506, 406, 470, 467, 468, 471/34 of the Indian Penal Code. As per the prosecution case, the petitioner along with other co-accused persons entered into criminal conspiracy regarding purchase of land of the informant.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.26091 of 2023(3) dt.25-05-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner is accused in three more criminal cases, as stated in paragraph 3 of the bail petition. He is in custody in this case since 15.12.2022.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in Govindganj (Areraj) PS Case No 480 of 2022 dated 22.09.2022 subject to the following condition: The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail is liable to be cancelled.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T