Rajkumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33990 of 2025 Arising Out of PS. Case No.-102 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Rajkumar Sahni S/o Late Naga Sahni R/o Village- Majhwaliya, P.S.- Mohammadpur, Dist.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Adesh Raj Singh, Advocate Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 28-05-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has renewed his prayer for grant of regular bail in connection with Mohammadpur P.S. Case No. 102 of 2020 registered under sections 302, 307, 147, 148, 149, 341, 323, 324, 325 and 504 of the Indian Penal Code.
3. The earlier application for bail of the petitioner was rejected twice and last one is order dated 08.11.2023 passed in Cr. Misc. no. 1199 of 2023 giving liberty to the petitioner to renew his prayer for grant of bail if the trial is not concluded within six months.
3. The allegation in the F.I.R is that the petitioner along with Harendra Sahani and others brutally assaulted the informant and his son due to which the informant sustained
Patna High Court CR. MISC. No.33990 of 2025(2) dt.28-05-2025 2/3 injury and his son Jitendra Sahani succumbed to injuries.
4. Learned counsel for the petitioner submits that earlier the prayer for bail of the petitioner had been rejected twice by co-ordinate Benches of this Court. However, in the last rejecting order dated 08.11.2023 there was a direction to conclude within a period of six months, failing which the liberty had been granted to renew his prayer for bail. It is pointed out by learned counsel for the petitioner that no progress has been made in the trial and it is not likely to conclude in the near future. It is further pointed out that vide order dated 15.05.2025 passed in Cr. Misc. No. 31168 of 2025, co-accused Harendra Sahni who is similarly situated with the petitioner, has been granted bail on the ground that after examination of five out of eight eight charge-sheet witnesses, which was done in the year 2023, no other witnesses is turning up in the trial. The petitioner is in custody since 31.05.2020 and undertakes to cooperate in the case/trial.
5. The application for bail is opposed by learned A.P.P. for the State on the ground that petitioner is one of the assailants of the deceased.
6. Considering the delay in trial and period of custody, the petitioner is directed to be enlarged on bail in connection
Patna High Court CR. MISC. No.33990 of 2025(2) dt.28-05-2025 3/3 with Mohammadpur P.S. Case No. 102 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.JIX, Gopalganj on the following conditions:- (I) The petitioner shall remain properly represented/physically present in the trial in the learned trial Court and shall cooperate in the trial.
(II) The petitioner shall mark his attendance at Mohammadpur Police Station, Gopalganj on third and fourth Sunday of each month. Any default in appearance at the police station would result in the cancellation of bail bonds of the petitioner.
(Soni Shrivastava, J) Harsh/- U T