Ram Sewak Sahni @ Sewak Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25515 of 2020 Arising Out of PS. Case No.-77 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== RAM SEWAK SAHNI @ SEWAK SAHNI S/o Late Lakhan Sahni R/o Village- Madhusudan Pakri, P.S.- Lalganj, District- Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms.Rina Sinha, dvocate For the Opposite Party/s :

Mr.Ashok Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 12-11-2020 As of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through Video Conferencing.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Mr. Ashok Kumar, APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Lalganj PS Case No. 77 of 2020 registered under Sections 147, 148, 149, 341, 324, 307, 302, 504 and 506 of the IPC.

The informant's uncle has allegedly been assaulted by 13 named accused persons including the petitioner by a meat chopper and iron rod.

It is submitted by learned Counsel for the petitioner that

Patna High Court CR. MISC. No.25515 of 2020(3) dt.12-11-2020 2/2 the petitioner bears a clean past. He is aged about 62 years and has falsely been implicated in this case due to extraneous consideration. The cause for implication is a subsisting land dispute and the allegation of assault by 13 persons does not stand corroborated by inquest report which has been noted in para 2 of the case diary. The petitioner is now in custody since 1.4.2020.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Vaishali at Hajipur in Lalganj PS Case No. 77 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T