Nand Lal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30506 of 2019 Arising Out of PS. Case No.-708 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== NAND LAL SAHANI S/o Late Ram Awatar Sahani R/o village- Dadar Kalhua, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 365,367/34 and later added Sections 302, 201, 120(B) IPC registered in connection with Ahiyapur P.S. Case No. 708 of 2018.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the FIR. There is no eye-witness to the alleged occurrence and except suspicion there is no objective material to connect the petitioner with the alleged occurrence. Similarly situated Rajnish Kumar and Ratan Kumar have been granted anticipatory bail by this Court in Cr. Misc. No. 63536 of 2018. The petitioner is accused in one prior case in which he is on bail.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 708 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

Patna High Court CR. MISC. No.30506 of 2019(2) dt.13-05-2019 2/2 i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T