Shiv Sahni @ Bhutti Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22956 of 2014 Arising Out of PS.Case No. -293 Year- 2011 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shiv Sahni @ Bhutti Sahni Son of Anutha Sahni Resident of villageBhataha, P.S.- Motihari Muffasil, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr. Shaheen Begum(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-02-2015 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 03.07.2013 in a case registered for the offences punishable under Sections 302, 379/34, 120B of the Indian Penal Code and 27 of the Arms Act.

It is alleged that the nephew of the informant Sheikh Nurullah @ Sheikh Sudan was residing with in-laws house and his wife was not well. On 06.10.2011 informant came to know that his nephew has been shot dead. Then he went to find that his nephew has been killed by fire injury. It is submitted by the learned counsel for the petitioner that the name of the petitioner sprang up on the confessional statement of co-accused and subsequently the

Patna High Court Cr.Misc. No.22956 of 2014 (4) dt.10-02-2015 petitioner also made confession.

Learned counsel for the State after going through the case diary submits that except the confession there is nothing against the petitioner, though the petitioner has serious criminal antecedent.

Considering the fact that the name of the petitioner sprang up on the confession before the police, let the above named petitioner, 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 learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Sugauli P.S. Case No. 293 of 2011.

Since the petitioner has serious criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he substantially gets involved in some serious nature of the offence or defaults for two consecutive occasions.

(Dinesh Kumar Singh, J) P.K./- U T