Mahendra Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31726 of 2019 Arising Out of PS. Case No.-370 Year-2014 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Mahendra Sahani Son of Late Patiram Sahani Resident of Village- Tharghtwa P.S.-Muffasil, District-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No. 2, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 302 of the Indian Penal Code. Earlier prayer for bail of the petitioner was refused on 09.04.2018 in Cr. Misc. No.10657 of 2018.

The petitioner has enclosed a copy of the deposition of prosecution witnesses which shows that all the witnesses including the informant, who is wife of the deceased, have turned hostile.

Considering the fate of the trial, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like

Patna High Court CR. MISC. No.31726 of 2019(3) dt.31-07-2019 2/2 amount each to the satisfaction of the learned Court-below where the case is pending in connection with S.T. No.316 of 2018, arising out of Muffasil P.S. Case No.370 of 2014, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T