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Patna High CourtCR. MISC./34761/2023bail granted

Ravindra Sahni v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 34761 of 2023 Arising Out of PS. Case No.-224 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== RAVINDRA SAHNI son of Late Ayodhya Sahni Village- Rasulpur Daud and Khorampur Ps- Goraul Kathara OP Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Niranjan Parihar, Advocate For the Opposite Party/s :

Mr Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the learned APP.

2 The petitioner has preferred this application for grant of regular bail in connection with Patepur PS Case No 224 of 2018 dated 29.12.2018 initially registered for the offence punishable under Sections 364/120B of the IPC and Sections 13, 16, 19, 20 of the UAP Act but the charge sheet has been submitted under Sections 364, 120B, 302, 201 of the IPC, Section 27 of the Arms Act and Sections 13, 16, 19, 20 of the UAP Act.

3 As per the prosecution case, the husband of the informant told his wife that he was surrounded by the accused persons who wanted to kill him. When the informant along with

Patna High Court CR. MISC. No.34761 of 2023(2) dt.24-07-2023 2/3 co-villager came there, they saw the FIR named accused persons holding pistol were standing near the bridge and they told her to return back othewise they would also be killed and the accused persons made slogan against the administration. 4 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner bears 14 criminal antecedents, as stated in paragraph 3 of the bail petition which are not related to the offence of murder and he is on bail in 13 cases. It is further submitted that the petitioner is not named in the FIR and the coaccused Pankaj Kumar @ Pankaj Rai has already been granted bail vide order dated 13.10.2020 by the co-ordinate Bench of this Court passed in Cr Misc No 26269 of 2020. The petitioner is in custody in this case since 19.12.2022.

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

6 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 ACJM X, Vaishali at

Patna High Court CR. MISC. No.34761 of 2023(2) dt.24-07-2023 3/3 Hajipur in Patepur PS Case No 224 of 2018 dated 29.12.2018 subject to the following conditions:

(1) The petitioner shall remain physically present before the Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

(2) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7 This application stands allowed.

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