Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26855 of 2022 Arising Out of PS. Case No.-25 Year-2013 Thana- AURAI District- Muzaffarpur ====================================================== Vijay Sahni Son of Lutai Sahani Resident of Village - Jogiya, P.s.- Aurai, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Prakash Shrarma, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Aurai P.S. Case No. 25 of 2013 lodged under Sections 302/34 of the I.P.C.

As per the prosecution case, there are in total 7 accused persons have attacked by dagger on the younger brother of the informant. During treatment, the victim died. Learned counsel for the petitioner submits that there is general and omnibus allegation against all the accused persons. He further submits that petitioner is in custody since 09.09.2021. He submits that charge sheet has already been filed

Patna High Court CR. MISC. No.26855 of 2022(2) dt.12-09-2022 2/3 in this case as well as charge has already been framed and evidence is going on. He further submits that antecedent of the petitioner is clean.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of the Addl. Session Judge-XI; Muzaffarpur in connection with Aurai P.S. Case No. 25 of 2013, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.26855 of 2022(2) dt.12-09-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) sadique/- U T